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(영문) 인천지방법원 2018.05.15 2017가합53407

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relevant Plaintiffs are those engaged in the first hand-on fishery or sericultural fishery in the public waters of the Incheon Cheongjin-gun, Incheon.

The Gyeonggi-do Center for National Defense Facilities under the Defendant’s Republic of Korea is a project implementer who implemented the construction project of mooring Facilities B (hereinafter “instant project”) after obtaining approval for reclamation of public waters from the Incheon Cheongjin-gun District Public Waters (B) under the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”).

The defendant Korea Rural Community Corporation is a compensation entrusted business entity entrusted with compensation affairs related to reclamation of public waters by the Gyeonggi-do Ministry for National Defense Facilities.

B. On July 19, 201, the Ministry of National Defense headquarters established under the Defendant’s Republic of Korea, which entered into an agreement on the entrustment of compensation for fishery loss necessary for the instant project with the Korea Rural Community Corporation, concluded an agreement on the entrustment of compensation for fishery loss with the Defendant Korea Rural Community Corporation.

C. On October 4, 201, the Incheon Metropolitan City Director of the Public Notice of Approval for Reclamation of Public Waters announced on October 4, 201 to the Maritime fleet Commander that he/she approved the reclamation license of public waters in relation to the instant project.

(Public Notice D). D.

On April 5, 2012, Defendant Korea Rural Community Corporation, the project implementer of the instant project, the Gyeongginam Facilities Headquarters, and the compensation entrusted business entity, entered into an agreement on matters necessary for the efficient performance of compensation duties related to compensation for fishery damage arising from the construction of facilities for the instant industry with Plaintiff E, Nonparty F, and Nonparty F, which are the representatives of fishermen, on April 5, 2012 (hereinafter “instant agreement”). The main contents are as follows.

Article 1 (Purpose) of the Agreement shall compensate for damage to fisheries arising from construction projects of mooring facilities implemented pursuant to the Public Waters Management and Reclamation Act.