beta
(영문) 대전지방법원 2016.06.22 2015구합100395

손실보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Minister of Construction and Transportation (the Minister of Construction and Transportation on December 23, 1994, as the Minister of Land, Transport and Maritime Affairs on February 29, 2008, and as the Minister of Land, Infrastructure and Transport on March 23, 2013, each business was succeeded to) designated as a tourist destination a scale of 840,00 square meters in C, located in Chungcheongnam-Gun B. At the request of the Do governor of Chungcheongnam-do to change the area designated as a tourist destination on November 28, 1983, pursuant to Article 46 of the former Tourism Act (the same before wholly amended to the Tourism Promotion Act on December 31, 1986) on November 28, 1983 pursuant to Article 46 of the former Tourism Act (the same before wholly amended to the Tourism Promotion Act on December 31, 1986).

B. Accordingly, the Do governor filed an application with the Minister of Land, Infrastructure and Transport for approval of a modified creation plan for a tourist destination size of 2,150,000 square meters, and the Minister of Construction and Transportation approved it on March 4, 1985 pursuant to Article 46(2) of the former Tourism Act.

C. According to the above development plan, the Defendant has carried out a tourist destination development project in order by dividing C’s project districts into Zone 1 and Zone 4. The Defendant completed the development project of Zone 1 in part of C’s tourist destination from August 1989 to December 1993.

On December 14, 1993, the Minister of Construction and Transportation maintained the entire area of C tourist destinations 2,150,000 square meters under Articles 23 and 24 of the former Tourism Promotion Act (amended by Act No. 4645 of Dec. 27, 1993), but he designated a change in the area of C tourist destinations 2,150,00 square meters. Accordingly, he revised the plan to create C tourist destinations (hereinafter “instant creation plan”).

On November 30, 1995, the defendant announced the designation of the above C tourist destination area change and the creation plan of this case.

(Notice D. E.)

The E Forest E, 8,20 square meters (hereinafter “instant land”) was included in the instant creation plan, which is owned by the Plaintiff, as green areas.

F. The defendant implemented a district 2 district development project in part of C tourist resorts designated area, and implemented a district 2 district development project on February 27, 1995.