1. The defendant shall pay to the plaintiff KRW 37,706,042 as well as 5% per annum from March 15, 1996 to September 5, 2008.

1. Basic facts

A. At the time of June 8, 1987, the Plaintiff implemented the instant development project with the approval of the Minister of Construction and Transportation (hereinafter “instant development project”) was a reclamation project for public waters by installing an outer embankment, such as a tide embankment, 12.7 km (H tide embankment connecting F and Cheongjin-gun G in Ansan-si, and H tide embankment connecting H tide embankments, I tide embankment connecting J with H, G, and L, M tide embankment connecting J, and P tide embankment connecting N and Gyeonggi-gun-gunO), and its incidental facilities.

B. The Defendant et al. asserted that their practice fishing rights were infringed due to the Plaintiff’s instant development project, and filed a lawsuit with the Suwon District Court 92Kahap2438 seeking compensation for damages.

On December 7, 1993, the court of the first instance rendered a judgment that partly accepted the claim of the defendant, etc., and the above court rendered a judgment that partly modified the above first instance judgment on February 13, 1996 and partly accepted the claim of the defendant, etc. in Seoul High Court 94Na3195, which both appeals.

C. However, the Supreme Court rendered a judgment that reversed the above appellate judgment on December 11, 1998.

(96Da15176). The Seoul High Court (No. 99Na2913) that received the instant case was remanded to the Plaintiff on September 5, 2008. On the other hand, with respect to the Plaintiff’s application for the provisional payment pursuant to Article 215(2) of the Civil Procedure Act, the lower court that recognized that the Plaintiff paid KRW 2,00,000 to the Defendant, etc. with the provisional payment pursuant to the first instance judgment on December 29, 1993, and the Defendant, etc. declared that the return of the provisional payment constituted the return of KRW 37,706,042 as well as the amount calculated at the rate of 5% per annum from March 15, 196 to September 5, 2008 and the next day to September 4, 2009.

On November 5, 2018, before ten years have passed since the above final judgment was rendered, the Plaintiff filed the instant lawsuit.