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(영문) 대전지방법원 2015.10.28 2013구합100650
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs' forest land acquisition 1) The plaintiff A and the deceased B (hereinafter "the deceased").

(2) The instant forest land is deemed to be the instant forest land by means of voluntary auction on May 29, 2006, in order to develop tin acid (hereinafter “instant forest”).

(2) The Deceased died on October 31, 2014, and the Plaintiff C, the inheritor of the Deceased, completed the registration of ownership transfer on the entire shares of the Deceased on October 31, 2014.

B. The sales contract of the instant forest and the sales contract for the implementation of an agricultural infrastructure development and expansion project: KRW 968 million: KRW 150 million (payment on the date of the contract, while the remaining KRW 135 million is paid on the date of the contract): The intermediate payment of KRW 450 million (payment on March 15, 201): The remainder of KRW 450 million (payment on March 15, 201): The special agreement on KRW 368 million (payment on June 15, 201): The forest of this case shall be purchased for the purpose of collecting soil and rocks.

1) The Plaintiffs, while preparing the procedure for collecting earth and rocks for the development of tin acid in the instant forest, are now seeking to collect earth and rocks on December 24, 2009 (hereinafter “Dael Korea”).

(2) On December 24, 2009, the date of the instant sales contract, the Plaintiffs received payment of KRW 15 million, which is part of the down payment from EL Korea. The remainder of the down payment KRW 135 million was paid on December 28, 2010.

3) On February 23, 2010, the Defendant selected the E reservoir located in the vicinity of the instant forest as a basic survey district for projects to improve the embankment of agricultural reservoirs outside the four river basin. On October 23, 2010, the agricultural infrastructure development and expansion project of the E reservoir in the E zone, which is an agricultural infrastructure development and expansion project, (hereinafter “the instant project”).

A) The implementation plan for the instant forest was publicly announced. As a result, part of the instant forest was incorporated into the instant project zone (hereinafter “instant remaining land”).

(4) On January 201, 201, the Plaintiffs are the Defendant.

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