수용보상금
1. Of the instant lawsuit, the part on the filling-up cost and the claim for the increased amount of land price shall be dismissed.
2. The plaintiff's remaining claims.
1. Details of ruling;
A. On May 6, 2008, the Minister of Knowledge Economy designated and publicly announced the aggregate of 55,050,000 square meters in Gyeonggi-do, Chungcheongnam-si, Chungcheongnam-do, and Jinjin-gun as a free economic zone pursuant to Article 4 of the former Special Act on Designation and Management of Free Economic Zones (amended by Act No. 9366 of Jan. 30, 2009).
B. The Plaintiff, while operating a quheat breeding house on the ground of Pyeongtaek-si B and C located within the Yellow Sea Free Economic Zone, was leasing 1,713 square meters (hereinafter “instant land”) around 2012, and then relocated the instant facilities and operated a quheat breeding house on the ground of the instant land (hereinafter “the transferred quheat breeding house”), and the instant land is also located within the Yellow Sea Free Economic Zone.
C. Project approval and announcement - Free economic zone development project (E; hereinafter “instant project”): The location of Pyeongtaek-si F (hereinafter “instant project district”): G public announcement of the Ministry of Trade, Industry and Energy on September 3, 2013 [the former Special Act on the Designation and Management of Free Economic Zones (amended by Act No. 12924, Dec. 30, 2014; hereinafter “former Free Economic Zone Act”).
- The project operator is entitled to the project approval and the notice of the project approval under the proviso to Article 13(2) (H change) - the project operator: the defendant and the Pyeongtaek Urban Corporation
D. The Central Land Expropriation Commission’s ruling on expropriation on May 21, 2015 - The date of expropriation: The Plaintiff established the instant breeding house on the instant land and raises strimulants: thus, the Plaintiff asserted that compensation equivalent to the transfer cost and operating loss amount due to the transfer of the breeding house would be harmed. However, the Plaintiff was ordered to restore the instant breeding house to its original state without obtaining permission for the act in accordance with the former Free Economic Zone Act after the designation of the Yellow Sea Free Economic Zone was designated and announced. The Plaintiff was ordered to install facilities on the instant land and operate a strimulous breeding house, and the degree of illegality is increased.