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(영문) 인천지방법원부천지원 2017.10.13 2016가단13644
손해배상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, Gap evidence 7, Gap evidence 8, Eul evidence 9, Eul evidence 2-1, 2, Eul evidence 4-1, 2, and 3, and the whole purport of arguments.

In around 1989, the Han River Improvement Association (hereinafter referred to as the “Defendant was integrated into the Defendant”) (hereinafter referred to as the “Defendant”), as part of the farmland improvement project, performed the instant project, “Seoul-gu Gyeongdong Gyeongdong Gyeong-gu Gyeong-si Gyeong-si Gyeong-si Gyeong-si Do, Kimpo-si Do, Kimpo-si 103-1 forest land 496m2 (hereinafter referred to as the “instant land before the instant division”), and as part of the instant project, part of which was incorporated into the Korea Land Information Corporation (hereinafter referred to as the “instant land before the instant division”), requested a divisional survey of the part incorporated into

B. Around August 24, 1990, the Korea Land Information Corporation: (a) divided the land prior to the instant partition into a 156m2 Simsan-3 forest land (hereinafter “san 103-1 forest land”) and a 103-3 forest land (hereinafter “san 103-3 forest land”) equivalent to 340m2 in Seopo-si, Seopo-si, Seopo-si, Kimpo-si, Kimpo-si (hereinafter “Yan-103-1 forest land”); and (b) notified the Defendant of the land to be incorporated into the instant project as 103-3 forest land.

C. However, even though the land to be incorporated in the project in this case is forest land 103-1, the Korea Land Information Corporation was erroneous notification to the Defendant that it incorporated a forest land 103-3 forest land.

In accordance with the above notification around 190, the Defendant: (a) prepared a land substitution plan to incorporate 103-3 forest land among the land before the instant partition into the instant project and to pay the Plaintiff KRW 708,680 as liquidation money; and (b) obtained authorization from the Gyeonggi-do Governor (hereinafter “instant land substitution disposition”); (c) thereafter, paid the Defendant the liquidation money of KRW 708,680.

E. Meanwhile, on the other hand, the land before the instant partition was registered as the remaining area of 340 square meters due to the division of 103-3 forest land on May 7, 1991.

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