손해배상(기)
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. The ground of appeal No. 1 can be seen as having caused damages to a fishery operator of public waters due to the implementation of a public project, not only the public notice date of the license for the implementation of the project, but also the legitimate licensed fishery operator, permitted fishery operator, or reported fishery operator at the time of the implementation of the project.
The fishery permit or fishery report made only after the public notice of the aforementioned project implementation license, etc. is premised on the restriction under the condition that the implementation of the public project for the public waters and the restriction of the permit or reported fishery business have already been objectively determined. Thus, unlike the fishery owner who completed the fishery permit or report prior to the implementation of the public project, it cannot be deemed that the fishery owner suffered special loss subject to the compensation for losses, even if the interest that the fishery owner may gain is reduced compared to the case where the said public project is implemented.
In addition, in the case of permission for or report on fisheries, whether it is conducted in a state where there is a restriction on such public project shall be based on the relevant permission or report, but it shall not be based on the fishery permission or report whose term of validity expires.
(2) In light of the aforementioned legal principles and records, the Plaintiff’s fishery report was made only on June 30, 2005, which was after the date of the public notice of the determination of a road zone, and the restriction on the instant construction and the reported fishery business therefrom was already objectively established. Thus, the Plaintiff’s fishery report is held liable for compensation even if the benefits derived from the Plaintiff decreased compared to the instant construction that was implemented by the public notice of the determination of a road zone.