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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In the process of implementing an urban planning facility project (B and C road construction project), the Defendant allegedly removed 8 livestock pens, septic tanks, and one house on the land adjacent to the site for acquisition of a road from November 24, 2011, as described in the attached Table 1, and damaged obstacles, such as trees planted around the building and the facilities listed in the attached Table 2, which were installed inside the said building during the process of illegally removing the building.
Therefore, the defendant is liable for damages equivalent to the market price of the building, facility, and obstacles suffered by the plaintiff due to the above tort, and the defendant is claiming for payment of KRW 100,000,100 on the basis of the market price of the building (a stable) which had already been appraised.
2. Determination
A. It is insufficient to recognize that a public official belonging to the defendant illegally removed 8 livestock penss, purification facilities, etc. listed in the attached Table 1 list owned by the plaintiff intentionally or by negligence only with the descriptions of lives and Gap evidence No. 1, and there is no other evidence to acknowledge it otherwise.
Rather, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 12, the Plaintiff is a person engaged in livestock farming business in the name of “F” on the land of the Gyeonggi-do, Gyeonggi-do, D (hereinafter “D”), and 23 parcels of land. The Defendant’s land and obstacles were incorporated into the Plaintiff’s land and obstacles, and the acceptance ruling was made at the time of consultation on compensation for losses, and the Defendant won the land transfer lawsuit against the Plaintiff (Korean Government District Court Decision 2010No21474). The Defendant also ordered the Plaintiff to suspend the construction of livestock pens’s animal-related facilities constructed on the land of G and 2 parcels of land, and to voluntarily remove the land by no later than February 22, 2007.