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(영문) 수원지방법원 2016.08.09 2016구합217

토지수용에 대한 축산보상금 증액

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Circumstances and results of the appraisal;

A. The Plaintiff has run a fish farming business (hereinafter “the livestock farming business in this case”) with the trade name of “C” after installing 90 residential facilities, places of work, offices, warehouses, and 90 balls, 53 balls, etc. (hereinafter “each of the obstacles in this case”) without obtaining any permission or filing a report on the 282 square meters of forest land B (hereinafter “instant land”) located in a development-restricted zone.

(b) Business approval and publication - Public housing project: D public housing project - Public housing project: The defendant, published by the Ministry of Land, Transport and Maritime Affairs on May 26, 2010, E, and the Ministry of Land, Transport and Maritime Affairs published on October 14, 2014;

C. The Central Land Tribunal’s ruling of expropriation on May 21, 2015 (hereinafter “instant adjudication of expropriation”): Each of the obstacles of this case - Compensation for losses: 28,259,800 won for each obstacle of this case (the Plaintiff claimed compensation for the closure of the livestock industry of this case, but the Plaintiff’s assertion was not accepted) - The starting date of expropriation: An appraisal corporation for the certified public appraisal corporation and a future appraisal corporation for the certified public appraisal corporation.

D. The Central Land Tribunal rendered an objection on December 17, 2015 (hereinafter “instant objection”): Each of the obstacles in the instant case, compensation for suspension of work for the livestock industry in the instant case - Compensation for losses: Compensation for losses - Compensation for losses - Compensation for losses 3,252,60 won for each obstacles in the instant case, compensation for suspension of work 4,560,00 won for suspension of work for the livestock industry in the instant case - Compensation Corporation: the Korea Appraisal Board, the Korea Appraisal Board, the Japan Appraisal Board, and the Korea Appraisal Board, the Japan Appraisal Board, and the fact that there is no dispute, Gap’s 2, 6 evidence, Eul’s 1 through 5 evidence (including all evidence attached with serial numbers), and the purport of the entire pleadings and arguments.

2. The plaintiff's assertion and judgment

A. The main point of the Plaintiff’s assertion is that the Plaintiff can freely operate the livestock industry without any particular permission or report within the development restriction zone, and the Plaintiff’s form and quality of the instant land for the operation of the livestock industry of this case.