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(영문) 서울고등법원 2017.11.16 2017나2016684
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s status 1) B is 3,891m2 (hereinafter “instant maintenance”) of Gangwon-do Iron-gun, Gangwon-do.

The fish farm facilities (hereinafter “the fish farm of this case”) are leased from the Korea Rural Community Corporation and located therein.

(2) On January 29, 2008, the Plaintiff filed a report on inland fish farming with the head of the Iron-gun around January 29, 2008 to cultivate steel on the instant fish farm, and cultivated steel bed around that time.

B. 1) Defendant Iron-gun, from June 201 to June 301, 201, created E from the Japanese Won-gun’s land unit D containing the instant maintenance (hereinafter “instant project”).

) The Governor of Gangwon-do promoted the industrial complex plan of the above project on May 1, 2012, and on May 3, 2012, Defendant Hawon-gun approved and announced the above project implementation plan as the implementer of the project in this case. 2) After that, Defendant Hawon-gun completed the compensation for the maintenance and fish farm facilities in this case, and completed the registration of ownership transfer on April 30, 2012 for the maintenance of this case and on June 7, 2012 for the fish farm facilities in this case.

3) Defendant Han Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(1) On September 4, 2012, Defendant Iron-gun with respect to the instant project (hereinafter “instant construction”).

(C) During the construction of the instant fish farm, a reservoir was buried near the instant fish farm, and during which the construction was carried out, such as crushinging a concrete drainage route and installing soundproof walls. C. The Plaintiff’s measure related to the construction, as seen above, sought compensation for fishing rights to the instant fish farm from the steel source head, etc. while requesting compensation for losses incurred to the instant fish farm to the steel source operator, etc., even if the relevant reservoir reclamation works were carried out.

2 The plaintiff is against the Central Land Expropriation Committee on the transfer cost and the business compensation.

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