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(영문) 광주고등법원 2017.11.30 2017누4498
손실보상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 31, 2007, the Gwangju Metropolitan City Mayor publicly announced the Fro Development Project (hereinafter “instant project”) as announced by Gwangju Metropolitan City, and thereafter the operator of the instant project was changed to the defendant by the Gwangju Metropolitan City Mayor.

B. The Plaintiff completed the business registration on February 10, 2007 and operated the D-fishing ground located in Gwangju Mine-gu B and C (hereinafter “instant fish farm”), but the said fish farm was included in the business area of the instant business.

C. In order to secure basic data for calculating the amount of the transfer loss and the cost of the transfer of the fish farm in the instant case according to the instant project, the Defendant requested an investigation to the Korea Fisheries Research Institute at the Jeonnam University. On July 2012, the said research institute held approximately KRW 80,00,00,000, and approximately KRW 90,00,00,000, as the status of the instant fish farm in the instant fish farm, based on the amount of the food alleged by the Plaintiff, the Defendant presumed the existing quantity to be 28,00,000, and 677,700,000,000,000,

The Defendant requested three appraisal corporations to appraise the obstacles related to the fish farm of this case (such as private fish, ornamental fish, manager, etc.). The Defendant calculated the average amount of the appraised value based on the above findings as compensation (the total amount of KRW 132,687,99,90, including the total amount of KRW 128,29,30, and the total amount of KRW 132,687,90). However, the Plaintiff did not request the Plaintiff to raise the amount of compensation.

E. Accordingly, around August 2013, the Defendant filed an application for expropriation of obstacles to the fish farm of this case with the Seoul Metropolitan City Land Tribunal, including the long-sea fishing and ornamental fishing, and the first application for adjudication; hereinafter referred to as “the first application for adjudication”).

On November 20, 2013, the said committee requested two appraisal corporations to conduct an appraisal of the goods impeding the fish farm in this case, but the said appraisal corporations were the number of the goods in the fish farm in this case on December 12, 2013.

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