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(영문) 대전지방법원 2020.06.10 2018가합106887
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation established under the Korea Highway Corporation Act for the purpose of building and managing roads, and the defendant is a corporation established under the Korea Highway Corporation Act for the purpose of comprehensively developing and managing water resources.

B. 1) The Plaintiff, a road management authority, is the Plaintiff, if Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and approximately KRW 8,072 square meters per 92 square meters per day (hereinafter “instant road zone”).

2) The Defendant filed an application with the Plaintiff for permission to occupy and use the instant road zone for the purpose of installing the instant construction work (hereinafter referred to as the “construction work”). The Defendant filed an application with the Plaintiff for the permission to occupy and use the instant road for the construction work (hereinafter referred to as the “construction work in question”) of the water pipe, water pipe, water pipe (river, D2,400m), water pipe (river, D2,400m), Cheongju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju (hereinafter referred to as the “instant pipelines”). The Defendant filed an application with the Plaintiff for the permission to occupy and use the instant road zone for the construction work (hereinafter referred to as the “construction work”).

3) As to the entire road zone of this case from May 11, 2016 to May 10, 2019 during the instant construction, the Plaintiff: (a) granted permission to occupy and use the road on May 11, 2016 with respect to the area of 1,354 square meters, among the instant road zones, possessed by the pipe of this case, from the completion of the instant construction to May 10, 2026 (hereinafter “instant permission to occupy and use the road”).

(2) Article 2 (Construction Completion of Road Occupancy Works) (2) The person subject to permission shall perform construction within 30 days from the date of commencement of the construction work (hereinafter referred to as “construction period”) in accordance with the design documents and conditions for permission, and where construction is not possible in accordance with the permitted design documents, the defendant Daejeon branch office, the party branch office, the party branch office (the party branch office, the coastline), the party branch office (the party branch office, the party branch office, the party branch office, etc. shall be constructed after obtaining permission for change from the party main office

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