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(영문) 서울고등법원(춘천) 2020.07.20 2019누1956
어업손실보상금증액 청구의 소
Text

1. The plaintiff's appeal and the claim selected by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On March 9, 2010, the Governor of Gangwon-do officially announced the Gangwon-do, pursuant to Article 15 of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes B (hereinafter “Special Cases Act”), the Defendant was the project implementer and approved and publicly notified the C Industrial Complex Plan with the following contents:

(hereinafter “instant project”). 1. Name, location and size of industrial complex

(a) Name: C industrial complex; and

(b) Location: Dririwon in Gangwon-do (hereinafter referred to as “instant project site”);

(c) Area: 981,034 square meters (the alteration into the area of 987,107 square meters on April 25, 2012);

2. Construction of LPG production bases to ensure the stable foundation and supply capacity due to the rapid increase in natural gas demand for the purpose of designating an industrial complex;

3. Operators of industrial complex development projects: Korea Gas Corporation;

4. Period of development of an industrial complex: From March 2010 to December 2013 (which is extended from April 25, 2012 to July 2014);

B. The Plaintiff had a fishery right (hereinafter “the instant fishery right”) with E’s license number, a large-scale fishing-type fishing-net, and a fishing method improvement-oriented net in the vicinity of the instant project site, but the license for the said fishery right was revoked due to the implementation of the instant project.

C. The third party entrusted under Article 81 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”) and the Defendant, a project implementer, had a consultation on compensation for direct and indirect fishery damage compensation arising from the instant project, but the above consultation had been displayed on several occasions despite the City/Do over several times.

In the process, the Plaintiff received KRW 1,097,644,00 as the advance payment for the instant fishery right on February 2, 201, and thereafter, the Defendant deposited KRW 1,533,706,00 of the compensation on April 10, 2014 when the Plaintiff refused to receive the remaining compensation. (No. 278 of 2013 YY branch court of the Chuncheon District Court).

On the other hand, however,

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