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(영문) 부산지방법원 2014.07.24 2013구합2397
보상금지급청구
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. Each of the plaintiffs' preliminary claims is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiffs have been engaged in aggregate transportation business by concluding a charter contract with T Co., Ltd., U.S. and U.S. as the owner of the pertinent vessel listed in the relevant vessel owned by each Plaintiff No. 2.

B. However, since the late half of the year 2007, as the basic plan for the 4th class diversity of the Nakdong River which was incorporated into the project zone (hereinafter “instant diversity project”), aggregate extraction business entities cannot obtain permission for aggregate extraction business from the competent administrative agency. Accordingly, the Plaintiffs were unable to enter into a charter agreement with the above aggregate extraction business entity and thus no longer run the aggregate extraction and transportation business from around that time.

C. Meanwhile, the head of the Busan Regional Construction and Management Administration, who is the project implementer of the "Song River", established an implementation plan for the project for the four major rivers in this case under Article 27 of the River Act, and announced it on March 5, 2010.

When the operation of aggregate extraction business is difficult in accordance with the instant fourth river shot project, and the Aggregate Extraction Act was amended by Act No. 11362 on February 22, 2012 with the legislative petition of the aggregate extraction business entity, Article 10(3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Minister of Land, Infrastructure and Transport deems it necessary to improve the management of aggregate extraction business due to the implementation of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects or the rapid change in the situation of supply and demand of aggregate, he/she may establish and implement measures to support the restructuring, etc. of aggregate extraction business, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Accordingly, the Ministry of Land, Infrastructure and Transport established the guidelines for supporting the restructuring of aggregate extraction business following the implementation of the fourth river shot project (hereinafter “instant guidelines”).

E. The Plaintiffs are the enforcement guidelines of the instant case.

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