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(영문) 수원지방법원여주지원 2017.07.12 2015가단24005
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 1994, the Plaintiff is limited to the Plaintiff’s voice Brith (hereinafter “Bri”) of Chungcheongbuk-gun.

C It was owned after completing the registration of ownership transfer on river 2,563 square meters and D rivers.

B. While the Chungcheongbuk-do was implementing the project to improve the Hari-gun, Eri-ri, Fri-ri, Gri-riwon Hwater Sea Reclamation around around 2002, the registration of ownership transfer was completed on September 4, 2002 on the ground of a consultation on the acquisition of public land with respect to C river 2,563 square meters and D river 1,63 square meters, which was owned by the Plaintiff on September 4, 2002. On March 24, 2003, the registration of ownership transfer was completed on the ground of a consultation on the acquisition of each public land with respect to the 6,99 square meters among KK rivers owned by I and J, 2,469 square meters among M forest, 2,4,144 square meters (N after division), among M forest and forest, and 4,144 square meters (hereinafter “instant land”).

C. Around August 9, 2002, the Defendant notified the subjects of the payment of compensation for obstacles to the acquisition of the above public land by consultation. At the time, in the compensation ledger for obstacles prepared at the time, I, J, and Q pages were stated as owners of obstacles, L, N, and C, and there was no entry as to the obstacles to the land of this case.

In addition, according to the details of compensation for obstacles at the time, compensation for L and N ground trees was set at KRW 34,882,00, and compensation for C ground trees at KRW 10,349,00.

On August 29, 2002, the Plaintiff drafted a letter of agreement (Evidence A No. 8) with R, I, J, and S as follows.

Title : The case of compensation for obstacles to H improvement projects: Five above parties agree to pay in installments the above compensation of KRW 45,231,000 for the above public works in installments under an agreement and to liquidate all legal relations in the same place as notarized in the same manner. - The amount paid - The plaintiff: 15,000,000 R, I, J, S: 7,57,750, respectively.

E. On October 31, 2002, the defendant changed the owner of L, N, and C ground trees to the plaintiff, R, I, J, and S on the ground that the plaintiff et al. was recognized as the owner of L, N, and C on October 31, 200, and the amount of compensation paid under the above agreement.

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