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(영문) 서울고등법원 2016.06.03 2014나2048789
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant’s land acquisition through consultation (1) is a project that acquires or expropriates a total of 19,664 square meters of land area from the Soyang-gu P to the same Gu Qu around November 2002, the Goyang-gu Nilwon located in Yangyang-gu, Yangyang-gu, Yangyang-si, Seoyang-gu, Nilwon-si, which is the Defendant’s managing authority of the small river located in Yangyang-gu, Yangyang-gu, Seoul (hereinafter “O maintenance project in this case”). The project that constructs banks at the edge of the land and constructs the rest as the land area to be excluded from the rest (hereinafter “the land on the side where water flows from the bank”).

As to the Small River Maintenance Act (amended by Act No. 7905 of March 24, 2006; hereinafter the same shall apply)

(2) The Defendant, on January 14, 2003, acquired each of the instant land from the Plaintiff under Article 12 of the former Small River Maintenance Act and Article 12 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”), and registered the transfer of ownership based on the consultation on the acquisition of public land on the same day.

(A Evidence No. 1, A No. 8, B No. 7). ① 76m2, Seoyang-gu, Seoyang-gu, Yangyang-gu, Seoyang-gu, Seoul, ② 24m2,000,000,000,000,000,000,000,000 won; ② 6m2,000,000,000,000 won; ④ 106m2,000,000,000,000,000,000,000,000,000; and

(4) On January 14, 2005, the Defendant divided the instant land into 43 square meters and 42 square meters, respectively, and on the same day, each of the instant land was divided into O’s small river area.

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