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(영문) 서울중앙지방법원 2015.10.16 2015가단21194
손해배상(기)
Text

1. The Defendant’s KRW 18,500,000 as well as 5% per annum from March 3, 2015 to October 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On April 8, 2014, the Defendant issued to the Plaintiff permission to occupy and use the Gangnam-gu Seoul Metropolitan Government (hereinafter “the instant river site”) with respect to the establishment of a Pouro test research institute for the purpose of occupation and use, and the period of occupation and use from April 1, 2014 to December 31, 2016.

B. Around July 2, 2014, the Plaintiff, who obtained permission to occupy and use a river, installed a container of 2.5m x 11m (a total of 165m square meters; hereinafter “instant container”) in the instant river site by bringing the KRW 37 million into the Hadi Research Team.

C. The instant river site is a development restriction zone, and the Defendant revoked permission for occupation and use of the instant container on November 6, 2014 on the ground that the Plaintiff installed the instant container without permission in violation of Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones.

At the time when the plaintiff applied for permission to occupy and use rivers, it was included in the business plan attached to the business plan.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 10 and the purport of the whole pleadings

2. After reviewing the application form for the occupancy and use of a river site submitted by the Plaintiff, the Plaintiff trusted that it is possible to install the container according to the application form and constructed the container of this case. The Defendant asserted that the Defendant incurred damages equivalent to KRW 37 million of the installation cost of the instant six containers by revoking the occupancy and use permit on the grounds of this, and that the Defendant should compensate for such damages.

Since a public official belonging to the defendant in charge of the permission for occupation and use of rivers in this case intends to install containers, etc. because the river site in this case is a development restriction zone, he/she obtained prior permission, he/she decided to grant permission after consultation with the relevant department or should have notified the plaintiff thereof, but he/she trusted the permission for occupation and use of rivers for the purpose of the establishment of the Hadi

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