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(영문) 전주지방법원 남원지원 2018.09.06 2016가합1500
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2009, the Defendant (Jurisdiction: Dosan Regional Land Management Office) published a river work plan to perform river reinforcement works (hereinafter “instant construction works”) from January 1, 2009 to January 2, 2012 for C, D, and E located in the YY-gun, in order to prevent damage to farming, soil, and authorization, etc. in the event of flood and to efficiently manage and utilize rivers by supplementing vulnerable facilities in the upstream B, and publicly announced as F for the management of the Dosan Regional Land Management Office.

B. The Plaintiff owned the instant land, G, H, and I, which was incorporated into the instant construction project, but the Defendant filed a petition with the Central Land Expropriation Committee for adjudication on expropriation of the said land because it did not reach an agreement with the Plaintiff regarding compensation for the said land. The Central Land Expropriation Committee decided on August 25, 2010 to expropriate each of the said land by setting the date of expropriation as KRW 2,805,080 on August 25, 2010 and the date of expropriation as KRW 2,805,080.

C. Meanwhile, the water level of B due to the discharge of centralized and B dams on August 16, 2010 and on the 17th of the same month, when the instant construction was being carried out, refers to a phenomenon that occurs in the water length in the form of pipe shape in D as the water level rise rapidly.

Before the upper part of the bank, there was a risk of inundation, such as water contamination, and as a result, D residents, including the plaintiff, filed a civil petition, and the defendant changed the design to perform a construction work for embankment at the inside of the bank around December 201.

Since then, according to the design change of the instant construction project, the Defendant filed a petition for adjudication of expropriation with the Central Land Expropriation Committee on April 6, 2012, as it did not reach an agreement with the Plaintiff with respect to compensation for obstacles, such as 69m2, 820m2, K-type 79m2, L, forest land and 79m2, and K, M, N, and O-land mushroom growing companies, etc., which were additionally incorporated into the Plaintiff’s land in accordance with the design change of the instant construction project. The Central Land Expropriation Committee filed a petition for adjudication of expropriation with the said Committee. The Central Land Expropriation Committee on April 6, 2012, filed a petition for adjudication of expropriation on the date of expropriation on May 30, 2012, 661,269,400 won =

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