손해배상(기)
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Defendant is the executor of the construction work of the Seo-gu-dong in Busan and the Seo-dong in Busan (hereinafter “instant construction work”) with the length of 660m connecting the Nakdong River between the Seo-dong in Busan and the Seo-dong in Busan, and the size of 27-34m wide. The Plaintiffs are the persons who are engaged in inland fisheries by obtaining inland fishery permission (hereinafter “each of the instant fishery permission”) from the Kimhae-si in the area adjacent to the instant construction work in accordance with Article 9 of the Inland Water Fisheries Act with the operation area of Kimhae-si in accordance with Article 9 of the Inland Water Fisheries Act, or are the successors of them.
B. The Defendant, in accordance with the National Land Planning and Utilization Act, determined the chemical belt as an urban planning facility and announced the urban management plan and topographical map as of November 8, 2006 under the Busan Metropolitan City Notice No. 2006-376, Jul. 25, 2007, announced the implementation plan for the urban planning facility project under the Busan Metropolitan City Notice No. 2007-286, and completed the construction of the instant project around that time on July 9, 2012.
C. In order to investigate the impact of the Defendant’s fishery damage on surrounding fishing rights and fishing activities due to the instant construction works, the Defendant entered into a contract for the investigation of the impact of fishery damage with the Korea Institute of Marine Science and Technology and the Korea Institute of Ocean Research and Technology to enter into a contract for the investigation of the impact of fishery damage. On June 2009, the aforementioned research institute did not verify the impact of the occurrence of floating material due to construction works on water quality at the upper and lower parts of the construction site and at the 3,200 meters sections, and the difference was not revealed in the lower parts of water due to the sedimentation of oil stations from the construction site. (3) On the floor of the upper and lower parts of the construction site, the lower fish, etc. were not identified, and the fish appearing at the upper and lower parts of the construction site were considered to be difficult to be used as the habitats of low fish, etc., and (4) on the top and lower parts of the construction site through the construction site.