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(영문) 수원지방법원여주지원 2015.04.02 2013가합3469
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Common factual relations;

A. The status of the parties (1) Since the year 2006, the Plaintiff was running a “H golf club” development project (hereinafter “instant project”) in Echeon-si F and Emju City G G members, and the said golf club is being completed after completion. Defendant A is a resident of Emju-si I (hereinafter “I”) located in the vicinity of the said project site.

(2) Meanwhile, the Defendants and the J’s mother (hereinafter “the deceased”) continued to reside in I, and died on March 7, 2012. The Defendants and the J jointly inherited their property.

B. From July 2007, I have filed a civil petition with the Governor of Gyeonggi-do and the Mayor of Sinju City to the effect that “the construction of alternative roads instead of closing the existing passage roads in the instant project site” has been changed from July 2007.

(2) On March 5, 2008, the Plaintiff between the two heads of I, the representative of I and ten members of L and I Golf Course Countermeasure Committee, and the Plaintiff’s totaling KRW 742,825,528 (the Plaintiff’s compensation for the damage incurred by the implementation of the instant project to village residents is KRW 650,000,000,000).

(1) The community residents entered into an agreement with the purport that “The instant agreement” (hereinafter referred to as “instant agreement”) is no longer possible to file a civil petition with respect to the authorization and permission and the construction of golf courses, and thereafter paid the said compensation to the common account of the I residents.

(3) On December 21, 2010, I received monetary compensation of KRW 17 million per household on December 21, 2010, and transferred KRW 17 million to the account in the deceased’s name.

(4) At the time of the receipt of the above compensation, I have affixed their signatures and seals on the confirmation letter stating that “I will perform the matters of compensation as resolved by the I Golf Course Countermeasure Committee and thereafter will not raise any objection to the compensation,” and the said confirmation letter has affixed their seals.

C. The filing of additional complaints by Defendant A and this.

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