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(영문) 수원지방법원 2016.12.22 2016구합996
영농손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business Name: B Bogeumjari Housing Project (hereinafter referred to as the “instant Project”): Defendant: C public notice issued by the Ministry of Land, Transport and Maritime Affairs of December 3, 2009, and the Ministry of Land, Transport and Maritime Affairs of November 16, 201;

(b) The Central Land Tribunal’s ruling of expropriation on November 19, 2015 - subject to expropriation: E and 11 parcels of land in Namyang-si: 38,549,480 won (i.e., the size of a vinyl house 9,509 square meters) - The annual average of farm households per Do’s annual crop cultivation area per Do, 4,054 square meters, and KRW 2-years of total revenue per farm household per Do’s annual crop cultivation area - the date of commencement of expropriation: January 12, 2016.

The Central Land Tribunal's ruling on April 21, 2016 - Details of the ruling: 53,346,580 won of compensation for losses (i.e., the incorporated farmland area of 13,159 square meters x the annual average of farm household per Do's average growth area per Do, shall be changed to two-years of total income per farm household per Do, and 4,054 square meters, hereinafter referred to as "beverine").

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-1-2, Eul evidence 1-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, while operating “G” on the land, such as the Namyang-si, Namyang-si, the Plaintiff sold the brine as “H” goods, which were produced in large quantity by the organic farming law. As to the above agricultural compensation, the amount of compensation determined by the said ruling cannot be deemed as justifiable compensation, such as contrary to the market price compensation principle, and thus, the Plaintiff should be paid compensation based on the actual income for the crops of multi-years.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 584,946,00, which is 2-year income (i.e., KRW 329,154,000, which is 255,792,000, which is 53,346,580, which is the amount of compensation recognized in this ruling, based on the difference between the actual income under the “certificate of Income Amount of Value-Added Tax Exemption Business Operators” (Evidence 2) and the amount of compensation recognized in this ruling.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as “Act”).

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