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(영문) 창원지방법원 2018.12.06 2018가합50607
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On June 4, 2009, the Plaintiff purchased approximately 2,700 mix of 1,696 m2 (hereinafter “instant land”) from Sinnam-gun, Sinnam-gun, and planted about 2,700 m2,70 m2.

B. From March 2012, the Plaintiff demanded from Defendant Chang-gun to improve and fill the ditches around the instant land. If the Plaintiff’s request cannot be resolved, the Plaintiff demanded payment of KRW 1,026,00,000 (Seoul 2,000,000) as compensation for the said land, and KRW 540,000,000 as compensation for Rose trees planted on the ground (=2,700 x 2,000 per share price) as compensation for the said land.

C. On the contrary, Defendant Scenic-gun respondeded to the following purport: “The maximum exclusion is not possible in the event of a flood in the Nakdong River basin even after the improvement of the land around the instant land (the instant land) and it is reasonable to manage the land by raising the land by a civil petitioner (the Plaintiff). The land (the instant land) and obstacles are known to the effect that the compensation outside the river area of the basic plan for the maintenance of the river in the Nakdong River basin is not possible, and the civil petition is filed on the following grounds.”

Despite the aforementioned reply, the Plaintiff continuously filed the same civil petition with the Defendant Chang-gun, and Defendant Chang-gun, Gyeong-gun, Inc., who was affiliated with the instant land on April 16, 2014, constructed a ditch (hereinafter “instant ditch”). During that process, the part of the attached drawing (5 square meters), 31 square meters (hereinafter “2, 31 square meters”) of the instant land, among the instant land, committed each of the following crimes: (a) 2, 31 square meters of the instant land.

E. At present, 2,635 Rose of Sharon trees (hereinafter “instant Rose of Sharon”) are planted on the instant land.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, and 5, appraiser D, and E's result of each appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) Whether the Plaintiff’s primary claim was filed, and the Defendant was released from the Defendant due to the death of Rose of Sharon.

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