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(영문) 청주지방법원 2015.01.15 2014구합934

영농손실금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Recognition and Public Notice of the Project - Name: C: Defendant - Public Notice of the Project: February 15, 2013 (Public Notice D of Chungcheongbuk-do);

B. The adjudication of expropriation made on January 14, 2014 by the Chungcheongbuk-do Regional Land Expropriation Committee - The object of compensation for losses: E, 793 square meters of forest land and 1,203 square meters of land on the ground and 1,203 square meters of F, Chungcheongnam-si (hereinafter “each of the instant lands”): The details of the adjudication on compensation for farming compensation for losses - The Plaintiff, who is a State-owned land, shall not be subject to compensation for farming losses, since the Plaintiff changed the original state of each of the instant land under the loan agreement with the Chungcheong-si and the land of this case, which is the State-owned land, so it is impossible for the Plaintiff to transplant the fruit trees, which are multi-living plants, in violation of this provision, even if it was planted in violation of this, and thus,

(c) The Central Land Tribunal’s ruling on an objection filed on July 17, 2014 - Contents of the ruling: The fact that there is no dispute over dismissal [based on recognition], entry of evidence No. 3, and purport of all pleadings;

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff suffered a loan of each land of this case, which is State property, from Chungcheongnam-si, and lawfully occupied and cultivated sprink trees and sprink trees on the ground. At the time of conclusion of the loan agreement with Chungcheong-si, there was no provision prohibiting the planting of perennial plants, such as fruit trees, on each land of this case, and merely stated the above contents in the official document sent to the plaintiff. However, the above contents stated in the official document sent to the plaintiff cannot be deemed to have been incorporated into the contents of the loan agreement, and even if the above contents were deemed to have been incorporated into the contents of the loan agreement, even if the plaintiff violated the loan agreement with Chungcheong-si and Chungcheong-si, it cannot be deemed to have any effect on the plaintiff claiming the amount of agricultural loss compensation. Thus, the defendant is the plaintiff.