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(영문) 부산지방법원 2016.09.08 2015구합24902

재결신청청구에대한거부처분취소

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1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is the implementer of the project of "Yansan-do National Highway Construction Project", "Yanansan-do National Highway Construction Project" (hereinafter collectively referred to as "the project of this case", and its site is referred to as "the project of this case", and the plaintiff is a non-corporate group or a person who is engaged in fishery in the fishery in the neighboring area of the project of this case, and is a non-corporate group or a person who is a non-corporate group or a person who is engaged in fishery in the surrounding area of the project of this case at the time of the project of this case. The defendant is a non-corporate group or a person who is engaged in fisheries in the area of the neighboring area of the project of this case.

The determination of road zones (change) and the publication of topographic drawings, the project implementation period of the national highway - the project implementation period of the national highway - the project implementation period of the national highway - the project implementation period of the Busan National Land Management Agency on January 27, 2010: Article 2010-36 of the Public Notice of the Busan National Land Management Agency on April 20, 209 through December 31, 2016: The project implementation period of the public notice of the Busan National Land Management Agency on January 27, 2010 - the project implementation period of Article 2010-37 of the Public Notice of the Busan National Land Management Agency on April 23, 2009 to December 31, 2016: the defendant concluded the Business Agreement for the Reservation of Land and Housing Corporation and the Korea Land and Housing Corporation on December 2, 2010 to entrust the acquisition of land and the compensation for the public works in this case (hereinafter referred to as the "Land Acquisition and Compensation Act").

On August 26, 2014, the Committee for Countermeasures against Damage to Fisheries in the plane that consists of the plaintiffs, etc. requested the defendant to compensate for damage pursuant to Article 63 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Enforcement Rule of the Land Compensation Act") on the ground that fishery damage occurred due to the instant project, such as the abandonment of fish and shellfish and the damage of fish farms and fish farms

As to this, the defendant on August 29, 2014.