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(영문) 서울고등법원 2018.08.23 2017나2003695
토지보상금지급(손해배상기)
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff’s purchase of the instant land and its division 1) On November 13, 1995, the Plaintiff Company L for the purpose of collecting and processing mineral products (hereinafter “L”).

(2) Around September 9, 1996, L was established and registered as a business operator on December 11, 1995. Around September 9, 1996, L drafted a contract from K Co., Ltd. (hereinafter “K”) to purchase KRW 8,520 square meters of N forest land, KRW 18,520 square meters of O forest, KRW 3,617 square meters of P forest, KRW 4,872/8,265 square meters of 8,265 square meters of P forest, KRW 4,872/8,265 square meters of 24,934 square meters of Q forest, KRW 6,844/24,934 of equity, KRW 7,603 square meters of R forest, KRW 3,556/7,603 of equity (hereinafter referred to as “instant land before division”).

On August 11, 1997, the Plaintiff acquired all rights and obligations as a purchaser relating to the preparation of the above contract. On October 8, 1997, the Plaintiff completed the registration of ownership transfer concerning the land before the division in its name.

3) Between March 12, 2004 and August 14, 2009, the land prior to the instant partition was divided into the instant land, etc. as indicated in the separate sheet No. 1 stating the details of the subdivision of the land prior to the instant partition (hereinafter referred to as the “instant land”) (for convenience, the attached sheet No. 1 stating 103 square meters of forest land and 103 square meters of J forest and 5,376 square meters of land prior to the instant subdivision as “the instant land No. 1”; and the “M forest 266 square meters of land, S forest and 250 square meters of forest and 661 square meters of T forest,” is “the instant land No. 2 related to

B) On October 15, 1997, L applied for the permission of quarrying from the Plaintiff’s side for the permission of quarrying to the head of the Seocho-gu Seoul Metropolitan Government, for the permission of quarrying, P, N,O, Q, and R land 43,619 square meters as the place of business. The permission of quarrying was applied for the permission of quarrying from November 1997 to May 30, 1999 on the ground that “Ma, P,O, Q, and R land” (number 4,537 cubic meters): “The use of stone: Road (Amar) construction (mar and clothes), construction civil engineering,” “the period of deforestation: from November 1, 1997 to April 30, 199; and “the period of quarrying and removal”.

B. The head of Seocho-gu Seoul Metropolitan Government is already K on April 30, 1998.

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