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(영문) 광주고등법원 2016.10.05 2014나3992
매매대금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. While the Plaintiff was raising a dog on the ground of the land of Jeonsung-gun, Jeonsung-gun, one of its own ownership, the Plaintiff was unable to raise a dog at the same place including Jeonsung-gun land in the business area for the rural water development project to be implemented by the Korea Rural Community Corporation.

B. Attached Form to the defendant

1. Each land listed in the list Nos. 1 through 6 (hereinafter referred to as "Y, F, G, H, I, and J" is omitted, and a parcel number is “E, G, H, I, I, and J”; hereinafter collectively referred to as “instant land”) is raising a dog, cattle, salt, etc.; ① around December 1, 2014, the registration of a livestock farming business under Article 20(1) of the former Livestock Industry Act (wholly amended by Act No. 8354, Apr. 11, 2007) (name of a place of business: K, land, livestock breeding facilities, one stock breeding facility, one stock breeding facility, and two 429.0 square meters at the same time: 207) was attached to E and G land around December 207, 207.

1. A stable recorded in the list No. 7 (204 square meters for cattle breeding facilities below; hereinafter “the instant house”) and a compost (a total of 121.5 square meters for livestock excreta treatment facilities, 81.0 square meters for livestock excreta treatment facilities, 202.5 square meters for livestock excreta treatment facilities, hereinafter “the instant househouse”) are attached to the list No. 7, and the list No. 1 land is attached to the list No. 1

1. A person newly constructs a compost on the list 8 (63.96 square meters in total, 31.98 square meters in a livestock excreta disposal facility, and 95.94 square meters in total, 31.98 square meters in a livestock excreta disposal facility below; hereinafter “the instant field excreta compost”) and (3) on January 22, 2008, the head of the Macheon-si City Mayor issued a report on the installation of livestock excreta-generating facilities (the reported number: L) as follows pursuant to Article 11(3) of the former Act on the Management and Use of Livestock Excreta (Amended by Act No. 12516, Mar. 24, 2014); and received notice of passing a completion inspection on livestock excreta-generating facilities under Article 15(3) of the same Act on January 23, 2008.

The details of the report on the emission facilities of livestock excreta shall be as follows: the quantity of the facility in the name of the non-high-rise facility, the quantity of the facility, the quantity of the storage capacity of the facility E, and the number of composts 2041.7 cubic meters of 218.7 cubic meters of 121.5 square meters of 17 cubic meters of 121.8m of the facility.

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