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案情:陈某与村委会签订土地使用合同,由陈某开发使用坐落于某城市北环路东风渠某处的十亩土地,合同签订后,陈某即投资筹建了汽修厂,后来,镇政府以陈某擅自使用土地为由,将厂房及场院内设施拆除,经查东风渠及两岸堤防属河道管理范围,为国有土地。目前,法院判决村委会应承担主要责任,赔偿陈某20余万元。分析陈某与村委会签订的合同是土地承包合同,因村委会在发包时没有查明土地的权属,将国有土地误认为集
Case: Chen and the village signed a contract for the use of land by the development and use of the city of Chen is located in a city Beihuan Dongfeng somewhere ten acres of land, the contract is signed, Chen is investing in the construction of the garage, and later, The town government Chen to unauthorized use of land as a ground, the plant and the yard facilities removed, the Chaonan canal and embankments across the river is a watershed management, state-owned land. At present, the court ruled that the village committee should bear the primary responsibility to compensate Chen more than 20 million. Analysis of the contract signed by Chen and the village committee is the land contract, because the village committee did not identify the ownership of the land when the contract, the state-owned land mistaken for the set