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(영문) 광주고등법원 2016.12.08 2016누3337
영농손실보상금거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On May 7, 1997, the Plaintiff obtained permission to occupy and use a total of 9,893 square meters (hereinafter “each of the instant lands”) of the 134,900 square meters and C river 173,257 square meters (divided on August 29, 201, and the area was reduced to 11,113 square meters) from the K-Myeon head of Hanju-si, a river site owned by the State, Hanju-si, a river site owned by the State. The Plaintiff obtained permission to occupy and use each of the instant lands on several occasions and extended the occupancy period to October 31, 2012.

On August 24, 2011, the Defendant publicly announced a compensation plan to compensate land to be incorporated into “E district reservoir increase project for agricultural production infrastructure” under Article 2 subparag. 5 (b) of the Rearrangement of Agricultural and Fishing Villages Act (hereinafter “instant project”), and all rights-related articles, etc., which falls under the agricultural infrastructure improvement project for agricultural production infrastructure under Article 2 subparag. 5 (b) of the Rearrangement of Agricultural

On January 5, 2012, Jeonnam Do governor approved and publicly announced the implementation plan for the instant project, which expropriates and uses 9,267ha of Gwon in Nari-si, including each of the instant land.

The Plaintiff filed an application for the amount of farming loss compensation with the Defendant on November 20, 2012, the Defendant respondeded to the payment of each of the instant land on the grounds that the land did not engage in farming, etc. on the grounds that it was not due to the absence of farming. On March 2014, the Plaintiff filed a claim with the Defendant for the payment of farming loss compensation, housing relocation expenses, and obstacles, but the Defendant responded to the payment on March 11, 2014.

On June 10, 2014, the Plaintiff filed an application with the competent local Land Tribunal for adjudication of compensation for farming loss, relocation expenses, and obstacle compensation. On June 24, 2015, Jeonnam-do Local Land Tribunal dismissed all of the Plaintiff’s application for adjudication.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 8, 9, 17, 18 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 11, and fact inquiry results with respect to Naju City of this Court, and all pleadings.

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