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1. The Defendant’s KRW 113,301,751 for the Plaintiff and KRW 5% per annum from July 11, 2014 to February 21, 2019.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 2,473 square meters (hereinafter “instant land”). The Defendant purchased from D Co., Ltd. (hereinafter “D”) on May 30, 2014 (hereinafter “D”) adjacent to the instant land and completed the registration of ownership transfer on July 29, 2014, by purchasing 1,631 square meters (hereinafter “instant land”).
B. The instant land is located at a higher level than 10 meters than the instant land.
C. Around 2014, the Defendant applied for consultation on development activities for the construction of multi-family housing on the instant land and on the ground of 203 square meters of land for the instant region and on the land of Gyeongnam-gun, Chungcheongnam-gun, and on July 11, 2014, Gosung-gun (hereinafter “instant development activities”). D. The Defendant agreed on July 11, 2014 regarding the development activities (hereinafter “instant permission”).
The Defendant did not execute construction according to the content of the instant development permission, and created a site for constructing multi-family housing ( Dormitory) by dredging, soil reclamation, etc.
E. On June 15, 2016, the head of Seongdong-gun ordered the Defendant to restore the unauthorized form of land to its original state by September 20, 2016, on the ground that “the instant land and the instant land and the forest land of 203 square meters in Gyeong-gun, Gyeong-gun, Gyeong-gun, are “an illegal act not constructed according to the original plan but different from the project plan”. On December 23, 2016, the Defendant again ordered the Defendant to restore the form of land to its original state by January 14, 2017, on the ground that the Defendant failed to implement the restoration to the original state.
F. On January 2017, the Defendant, upon receipt of a corrective order issued by the head of Sungsung-gun, disposed of the marine dredging soil, etc. illegally filled out, and restored the land in the instant case and the forest land of 203 square meters in Gyeong-gun, Gyeongnam-gun to its original ground to the original ground line.
G. On April 2014, the Plaintiff started growing 591 shares on the instant land by planting 3-year-brub seedlings on the instant land.
H. Blue Blue, the Plaintiff planted.