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(영문) 의정부지방법원고양지원 2015.08.13 2014가합54892
손해배상
Text

1. The Defendants jointly committed against the Plaintiff KRW 224,482,387 and KRW 199,99,727 among them, from October 31, 2012 to October 24, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementer of the E District Housing Site Development Project (hereinafter “instant project”), published on December 31, 2008, and the Defendant is a person who owns a vinyl house for growing mushrooms on G land at the time of strike located within the project district (hereinafter “the instant vinyl house”).

B. 1) From around 2007 to around 2009, Defendant A cultivated her fungs in the instant vinyl, but from around 2008 to around 2008, her fungs were left abandoned in the state of Fins. Defendant A only had 41,66 items of fungs that were not properly managed around May 201, but had 41,66 items of fungs that were not properly controlled. (2) The compensation procedure for the instant project was followed, such as the resumption of the investigation of obstacles around June 201 (the instant project was a situation where the obstacles investigation was conducted around October 2009 and the progress of the project was delayed for about two years thereafter). Defendant D introduced Defendant B and C, a mushroom growing shed around June 201, and the Defendants were divided into five 83,34 items of the instant vinyl to be compensated for the public announcement of the project approval.

3) Accordingly, around July 31, 201, the Defendants increased the number of 83,334 of the catirs without the permission of the competent authority. After that, Defendant A filed a claim for compensation with the Plaintiff as if the Plaintiff had the right to receive reasonable compensation for 125,00 of the catirs mushrooms, including the catirs mushroom, without permission, around October 19, 2012. The Plaintiff determined to pay KRW 304,16,600 for all the catirs 125,000, and remitted the amount to Defendant A’s account on October 31, 2012. In addition, even if the Defendants did not engage in business activities related to growing catirs, the Defendants received KRW 24,482,60 as business compensation from the Plaintiff on January 23, 2013.

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