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(영문) 인천지방법원 2018.04.05 2016가단253067
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Grounds for claim;

A. As to Defendant B’s clan (hereinafter “Defendant clan”), C, D, and E, the said Defendants indicated a false access road and exercised an altered official document, such as obtaining permission for development by unlawful means, when there was no access road for forest land at the time of filing an application for permission for development activities. In light of the Plaintiff’s well-known knowledge that there was no suspicion of crime, the Plaintiff was a road leading to the general public for traffic obstruction. Therefore, the Defendants are liable to compensate for damages caused by joint tort.

B. As the public official F, G, and H in charge of the Defendant-In-Service of the Defendant-In-Service Group was aware that there was no access road to forest land and so permission for development activities was illegal, the Defendant-In-Service Group is primarily liable for employer liability under Article 756 of the Civil Act and the State Compensation Act.

C. The Plaintiff’s housing price was collapsed due to permission for development activities of forests and fields, the ground was infringed, and the Plaintiff’s wife did not properly engage in economic activities in the criminal trial in the course of covering up with unfair administrative treatment. Since the Plaintiff and the Plaintiff’s wife suffered mental damage, the Defendants are jointly and severally liable to pay 50 million won to the Plaintiff.

2. Facts of recognition;

A. On July 29, 1993, the defendant clan completed the registration of ownership transfer with respect to I forest land owned by the Incheon Strengthening military on July 29, 1993, and the defendant D was the chairperson of the defendant clan, and the defendant C was the general manager of the defendant clan on July 4, 2003. 2) The plaintiff's wifeJ completed the registration of ownership transfer with respect to the plaintiff's answer, before October 24, 2003, changed the land category to the site on December 24, 2003, and completed the registration of ownership transfer on February 25, 2004.

J on December 4, 2003, the said K divided the entire 96 square meters into L-road 96 square meters and changed the land category into 96 square meters.

The location of land shall be attached Form 1.1.

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