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(영문) 수원지방법원 2016.08.25 2015구합62461

축산업손실보상지급신청거부처분 등 취소 청구

Text

1. The plaintiffs' action against the Central Land Expropriation Committee and the defendant Korea Land and Housing Corporation respectively.

Reasons

1. Details of the disposition;

A. Plaintiff A has raised 30 marine in Seongbuk-gu, Sungnam-si, and Plaintiff B raised 21 marine in D.

B. On July 21, 2006, the Minister of Construction and Transportation publicly announced the Songpa-gu Seoul EF, Sungnam City GH, and Hanam City IJ as a planned housing site development area under Articles 3 and 7 of the Housing Site Development Promotion Act. On August 5, 2008, the Minister of Land, Transport and Maritime Affairs approved and publicly announced the housing site development plan by designating the project operator as the Defendant Corporation (the same date was changed from K to L; hereinafter the same date was changed from K to “L”); and the above L housing site development project is the project of this case).

Each land described in the subsection was incorporated into the instant project site.

After February 2009, Defendant Corporation established and publicly announced a compensation plan related to the instant project.

C. On February 2, 2009, Plaintiff A entered into a compensation contract with the Defendant Corporation on the size of 662 square meters prior to Sungnam-si, Sungnam-si, and received KRW 394,772,660 from the Defendant Corporation as compensation for land losses. On January 7, 2010, Plaintiff A entered into a compensation contract with the Defendant Corporation as to plastic houses (infection livestock farms), fences, pine trees, clin trees, clin trees, and stock breeding compensation, etc., which are obstacles to the above land surface, and accordingly received compensation contract as compensation for obstacles from the Defendant Corporation on January 12, 2010, and accordingly received KRW 4,981,330 as compensation for stock breeding, KRW 2,700,00 as compensation for stock breeding (including KRW 1,350,000).

Plaintiff

B Around February 17, 2010, between the Defendant Corporation and Sungnam-si, entered into a compensation contract for wood farming nets and stock farming compensation between the Defendant Corporation and Sungnam-si, and accordingly, received KRW 127,000 as compensation for obstacles from the Defendant Corporation and KRW 1,560,000 as compensation for livestock farming (including relocation expenses930,000).

E. On August 23, 2013, Defendant Corporation paid to the Plaintiffs, as the Plaintiff’s stables located within the Green belt, were erroneously paid that they were not subject to livestock compensation by violating the lawful place of business.