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(영문) 서울행정법원 2018.12.14 2017구합60963
손실보상금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. The Busan National Land Management Office, based on the facts based on the defendant, is the implementer of the "N Corporation" project, the "O Corporation" project, and the "O Corporation" project (hereinafter collectively referred to as the "the project site of this case, and the project site of this case") that is the main progress of the Ari, Bri, Cri, Dri, Ri, Eri, Fri, Ulsan-gun, Ulsan-gun, Ulsan-do Gri, Hri, Iri, Jri, Kri, the same Gun Lri, Kri, and Mri, etc., in Busan-gun, Busan-gun, Busan-gun, Busan-gun, and the plaintiffs are running a fishery in the vicinity of the project site of this case.

The determination of a road zone (change) and the publication of a topographic map, NB - the project implementation period NB - the project implementation period of a road zone and the publication of topographic map on January 27, 2010: P publicly notified by the Busan Regional Land Management Agency on April 20, 209 to December 31, 2016: OB - the road zone determination and the publication of topographic drawings on January 27, 2010: Q-the project implementation period of the Busan Regional Land Management Agency on April 23, 2009 to December 31, 2016; the Defendant concluded a business agreement with the Korea Land and Housing Corporation on December 2, 2010 to obtain land, etc. and entrust the compensation for losses as prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) with respect to the instant project.

On August 26, 2014, the Committee for Countermeasures against Damage to Fisheries in the plane, including the plaintiffs, requested the defendant to compensate for damage under Article 63 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Enforcement Rule of the Land Compensation Act") on the ground that fishery damage occurred, such as the damage of fish and shellfish that a large quantity of earth and sand flows into a fishing zone due to the project in this case, and fish and shellfish were destroyed.

On August 29, 2014, the defendant notified the Korea Land and Housing Corporation of the request for compensation by the Committee for Countermeasures against Damage to Fisheries, and confirmed and dealt with the damage in accordance with the above provisions.

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