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(영문) 전주지방법원 2018.04.19 2017구합1589

손실보상금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff has the following mining rights, and has extracted the elderly soil from around 2004.

1) Registration number: B, location, mining land register in Jeonjin-gu, Jeonjin-gu, mining land register in Jeonju-si: 243 old soil, area: 243 old soil, duration: 2) registration number in April 2, 2004 to April 1, 2024: D, location: Hongjin-gu, Kim Jong-gu, Kim Jong-gu, mining land register, G, mining land name: An old soil, area: 278 old soil, area, and duration: 278 years from December 8, 2004 to December 7, 2024;

B. On September 7, 2015, the Defendant publicly announced a compensation plan for the land, goods, etc. to be incorporated into the instant project pursuant to Article 15 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

C. On September 21, 2015, the Plaintiff filed an objection with the Defendant on the ground that the Plaintiff’s compensation plan for the Plaintiff’s right to the mining right was omitted, but the Defendant rejected the Plaintiff’s claim for compensation for damages on the ground that, on December 15, 2015, the Defendant ought to be confined to the minimum amount of restrictions that naturally follow the mining right for public welfare, and thus is not subject to compensation for losses.

On December 17, 2015 and December 29, 2015, the Plaintiff filed a claim for re-compensation with the Defendant, but the Defendant did not accept the Plaintiff’s application on December 23, 2015 and January 8, 2016, for the same reasons.

Accordingly, on January 11, 2016, the Plaintiff filed an application for adjudication of acceptance with the Defendant.

E. On May 31, 2016, the Jeollabuk-do Land Tribunal rendered a ruling dismissing the Plaintiff’s claim for compensation, and the Plaintiff filed an objection with the Central Land Tribunal, but the Central Land Tribunal dismissed the petition for objection on May 25, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, 12 through 17 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion.