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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the executor of the project to create the B B Complex C, and the Defendant, as the owner of each land D and E (hereinafter “instant land”) located within the said project site, installed various obstacles, such as a stable with consent on the above ground, and operated money from around 2008.
B. As the Plaintiff did not reach an agreement with the Defendant on the purchase of the instant land and its ground obstacles, the Plaintiff filed an application for a ruling of expropriation on July 25, 2016 pursuant to relevant statutes and deposited KRW 1,331,661,50 of the compensation determined by the ruling of expropriation on September 8, 2016 (land compensation amounting to KRW 476,516,50,500).
C. After that, on November 24, 2016, the Central Land Tribunal rendered a ruling to change KRW 1,331,661,50 to KRW 1,341,513,700 for the previous compensation for losses. D.
The Defendant, by June 24, 2017, handled pigs and liquid manure with an obstacle in question by 32,316,000 won, and notified the Plaintiff on June 30, 2017 that “the Plaintiff treated pigs, facilities, manure in the instant four joints of pigs, manure, and liquid manure in the excreta tank, but all of the disposal of manure in the excreta tank. However, the excreta in the manure (i.e., livestock excreta’s excreta as its excreta, entered the outlet of the livestock shed through the livestock shed’s passage, into the livestock shed’s entrance, and discharged excreta into the livestock shed’s outlet. Accordingly, the excreta in the process of removing the excreta.” On the same day, the Plaintiff notified the Plaintiff of the purport that “the Plaintiff would interfere with the Plaintiff’s disposal of excreta in the process of removing the excreta.”
E. On July 3, 2017, the Plaintiff discovered 520 tons of treated excreta (the state of sludge or slick) located in a stable, stable, ground purification tank, and underground purification tank (see evidence 4-2, 3-3) and the Defendant’s treatment plan for foul waste on July 19, 2017.