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1. The Defendant’s KRW 77,220 as well as the Plaintiff’s annual rate from April 27, 2016 to August 17, 2017.
Reasons
1. Basic facts
A. On May 23, 2003, the Plaintiff acquired ownership of B 314 square meters, C 2,453 square meters, D 291 square meters, and D 291 square meters (hereinafter “each of the instant lands”).
B. On March 5, 2013, the Gyeonggi-do Forest Environment Research Institute in charge of the Defendant’s forest administration notified that “The State erosion control project is implemented pursuant to the Erosion Control Work Act because each of the instant lands is likely to erosion and outflow of soil,” and that part of each of the instant lands will be used from March 2013 to June 2013 for the purpose of installing an erosion control dam to prevent landslides in the vicinity of each of the instant lands,” and the Defendant carried out erosion control work in the vicinity.
C. On July 22, 2013, around each of the instant lands, the central rain around July 22, 2013 (hereinafter “instant central rain”). Accordingly, a landslide occurred, and the nearby local sand was lost.
Around October 2013, the Defendant ( Gyeonggi-do Forest Environment Research Institute) again notified the Plaintiff of the use of land that “The Plaintiff would use part of each of the instant land from October 2013 to June 2014, 2014, as the area damaged by landslide that occurred due to the centralized rain on July 2013, where the Plaintiff caused earth and sand loss, etc., and the Defendant would cause damage to property, such as low-water farmland, and human life if neglected, the Defendant would undertake the State erosion control project pursuant to the Erosion Control Work Act.”
E. Around that time, the Defendant executed the restoration work of each of the instant lands and neighboring land and the erosion control work related thereto (hereinafter “the erosion control work in this case”).
F. The Defendant, while carrying out the instant erosion control project, set up posts (hereinafter “the posts”) on the valley slope of the valleys near each of the instant lands, and part of the posts are set up at 5.8 square meters, which is part of each of the instant lands.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4, 7, Eul evidence Nos. 1, 2, 3, 7, 10, and all pleadings.