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(영문) 의정부지방법원 2017.01.12 2014가합52572
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Presumed factual basis

A. The Plaintiff’s status B leased KRW 3,891 square meters from the Korea Rural Community Corporation, the owner of the land.

The above land is a reservoir (hereinafter referred to as “the reservoir in this case”). B installed a fish farm facility (hereinafter referred to as “the fish farm in this case”) in the reservoir in this case, and sublet the fish farm in this case to the Plaintiff on July 12, 2007.

On January 30, 2008, the Plaintiff reported to the head of the Kuwon-gun on the fishing ground of this case that the Plaintiff would cultivate the steel spawn from the fish farm of this case. From that time, the Plaintiff cultivated the steel spawn from the fish farm of this case.

B. On May 1, 2012, the Governor of Gangwon-do approved and publicly notified the E development project plan implemented in the land unit of Gangwon-do, Gangwon-do, including the said land (hereinafter “instant project”), and the head of Kuwon-gun approved and publicly notified the instant project implementation plan on May 3, 2012, and promoted the instant project as the implementer of the instant project.

On September 4, 2012, Defendant Han-gu Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted a construction work related to the instant project (hereinafter “instant construction work”). In the process, the instant reservoir was buried, and the construction work was carried out, such as crushinging the drainage route adjacent to the instant fish farm, crushinging the soundproof walls, installing soundproof walls.

C. The Plaintiff, related to the construction of the instant reservoir reclamation works, sought compensation for the fishery right to the instant fish farm, etc. from the steel plant operator, etc., and continued to cultivate iron bed while maintaining the instant fish farm.

The Plaintiff filed a lawsuit against the Central Land Expropriation Committee seeking the revocation of the adjudication on transfer expenses and business compensation (the District Court 2014Guhap2480), but the lawsuit on August 25, 2015 is practically about the increase or decrease of compensation for losses.

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