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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
Reasons
1. Facts of recognition;
A. On January 16, 2008, the Plaintiff (the original name was “I,” and the name was opened with the permission of the opening on January 16, 2008) filed a report on the diversion of the land category B 1,286 square meters (the land category was changed to “maintenance,” and it was changed to the two fishing grounds on April 15, 2003; hereinafter “instant land”) with the head of Gun assigned with Chungcheongnam-gun, Gun on January 27, 1992, on which the Plaintiff filed a report on the diversion of the use of the land as “culture,” and received the completion certificate of inland fisheries (a fish farming) from the head of Si/Gun assigned with the head of Si/Gun around February of the same year, and purchased the instant land on June 16, 1997, and completed the registration of the ownership transfer in its name on the 19th day of the same month.
B. On January 1, 1999, the Plaintiff was urged to secure 12,00 maris early for the implementation of the restoration project for fishery damage suffered in March 12, 2000 from the head of the Si/Gun granting authority on March 12, 2002.
C. On June 18, 2009, the head of the Daejeon Regional Construction and Management Administration prepared an article protocol with respect to the instant land in relation to “C 1 project” (hereinafter “the instant project”). The content is as follows.
On the other hand, the appraisal report prepared around that time contains KRW 95,90,000,000,000 for the land and obstacles in this case, and the amount of compensation for loss to fishery rights. Among the detailed contents, the amount of operating profit for three months is calculated as KRW 16,50,000 on the basis of estimated sales and the search and investigation on the ground that there are lack related data, and the amount of evaluation on goodwill is calculated as KRW 31 million or KRW 32 million.
The type, structure, and size of the goods owned by the lot number owner and the unit of non-high-water size unit B (private land) Ha (Occupancy-use permiter 59m x 15m m) J A (Occupancy-use permiter) fish farm pipes (5m x 85m m) 148 m, pipes 148 5m m2, 12 m20m m20m m20m.