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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 12, 2003, the Defendant, as a project implementer for the improvement of the C District risk of the C District, which was publicly notified as determined by the Busan Regional Land Management Office B, was the owner of the said project, agreed on the compensation for losses with the Plaintiff, but did not reach an agreement.
B. On April 17, 2004, the Central Land Expropriation Committee filed an application for adjudication of expropriation with the Central Land Expropriation Committee on Oct. 19, 2004, which made a adjudication of expropriation on Oct. 17, 2004, with the amount of compensation of this case as KRW 17,082,90, and the starting date of expropriation as of Dec. 7, 2004. The Busan Regional Land Management Agency deposited the said amount of compensation on Dec. 6, 2004.
C. On February 22, 2005, the Central Land Tribunal made an objection ruling to increase the amount of compensation to KRW 19,543,400 (hereinafter “the instant objection ruling”), and the Busan Regional Land Management Office deposited KRW 2,460,50,00, which is the increased amount on April 4, 2005.
On December 8, 2005, the Plaintiff appealed to the instant objection and filed a lawsuit for compensation as Busan District Court Decision 2005Guhap679, and the above court rendered a judgment in favor of the Plaintiff that “The Defendant shall pay 5% per annum from March 16, 2005 to December 8, 2005, and the amount equivalent to 20% per annum from the next day to the date of full payment, to December 16, 2005.” The Plaintiff appealed to Busan High Court Decision 2006Nu170 on February 9, 2007, but the above court rendered a judgment in favor of the Plaintiff on February 9, 2007, and the Supreme Court again appealed to the Plaintiff as the Supreme Court Decision 2007Du5561, May 11, 2007, which became final and conclusive.
(hereinafter referred to as “the final judgment of this case”). (e)
Around May 12, 2005, the Defendant cut down pine trees planted in the instant forest, and the Plaintiff was cited in the final and conclusive judgment on June 1, 2007.