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(영문) 창원지방법원 2014.04.29 2013구합1629

수용이의재결처분취소

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1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Busan Regional Land Management Office (hereinafter “instant project”) performed river projects (D), and the Busan Regional Land Management Office (hereinafter “the instant project”), which, on December 7, 2009, published a river project implementation plan for the instant project as published E on June 26, 2012, published as published by the Busan Regional Land Management Office.

B. 1) Plaintiff A, along with G, H (hereinafter “Plaintiff A, etc.”), is a “Plaintiff A, etc.” in which Plaintiff A, G, and H were separated.

() around June 2009, Defendant Kimhae-si, incorporated into the instant business area, lent the name of Plaintiff B and Defendant Kimhae-si City Mayor 30,000m2 (hereinafter “instant river site”).

(2) On June 2, 2009, the defendant Kimhae-si reported that he succeeded to the rights and obligations of the occupant of the river site of this case from I who obtained permission to occupy and use the river site of this case. (2) on June 2, 2009, the defendant Kimhae-si notified the acceptance of the said report by attaching the terms and conditions of permission to the plaintiff B.

3) On June 22, 2009, the Defendant Kimhae-si market sent a public notice prohibiting the installation of new plastic houses, etc. to the river site users in the instant project zone, including Plaintiff B. 4) The Plaintiff et al. installed a plastic house 25,882 square meters (hereinafter “instant facilities”) on the ground of the instant river site from June 2009 to July 209.

C. On November 30, 2009, Plaintiff A et al. claimed compensation for losses for the instant river site under the Plaintiff’s name on November 30, 2009. On December 14, 2009, Plaintiff A et al. received payment of KRW 11570,000,000 from Defendant Kim Sea Market that was entrusted with the compensation duties by the Busan Regional Land Management Agency. (2) Plaintiff et al. at the Changwon District Court on June 24, 2010 for the instant river site.