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(영문) 창원지방법원 2017.11.22 2016가단112245
구상금
Text

1. The Defendants jointly share KRW 56,465,660 with respect to the Plaintiff and 5% per annum from March 23, 2016 to November 22, 2017.

Reasons

1. Facts of recognition;

A. On November 1, 2004, the head of the Jindo National Land Management Office under the Defendant’s jurisdiction granted permission to occupy and use a road and connect the road (hereinafter “permission to occupy and use a road”) with respect to the size of 1,685 square meters outside the same land to construct a road to enter into the H main line, which is a general national highway in two-lanes of the two-lanes of the way to go from the land adjacent to the G community living facilities in the Hanam-gun, Gyeongnam-gun, and to go to Msan (hereinafter “national road entry route”) by June 30, 2014.

B. At the time of permission to occupy and use a road, the person to whom permission was granted executes road occupation and connection construction in compliance with the design drawings, and manages them in accordance with the original permitted drawings, but the conditions of permission, such as resolving the damage to a third party, at the expense of the person to whom the permission was granted, were added in the event of the defect of a road structure

C. Defendant A, E, and six other parties received a report by succeeding to all the rights and duties related to the permission of occupation and use as the owner of a site for new construction of a nearby factory due to the entry into the national highway at the time of November 6, 2008, and received permission for the purpose of occupation and use of a factory, the place of occupation and use is changed to 2,149 square meters outside 7 lots in Haan-gun, Haan-gun, Haan-gun, Haan-gun, and obtained approval for completion of construction due to the occupation and use of a road and the completion of connected construction on November 7, 2008. Since then, Defendant B and C were approved on March 22, 2010; Defendant D succeeded to May 24, 2010; Defendant corporation management succeeded to all the rights and duties related to the permission of occupation, including the permission of occupation and use of a factory site on July 10, 2012.

According to the design drawings at the time of permission for occupation and use of roads, the passage of national highways is constructed on the right side of the passage along the main line of national highways, and the cost of separation is to be installed on the front of the project site between the passage of national highways and the main line in accordance with the related laws such as the Road Act at the time.

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