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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On September 28, 2005, the Defendant is a project executor who completed the public announcement of the project approval on March 26, 2009 and implemented the project after going through the public announcement of the designation of the planned area for housing site development in the area of the housing site development for the Kimhae-si and Criwon.
The plaintiff is a person who claims that farmland was cultivated in the above business area and requests the selection of a person subject to livelihood countermeasures.
B. Since then, the Defendant completed the registration of transfer of ownership on February 18, 2014 with respect to the land of 1,391 square meters in Kimhae-si, Kim Jong-si, and H 1,491 square meters in G owned within the said business zone due to the consultation acquired on February 10, 2014. The Defendant completed the registration of transfer of ownership on December 13, 2016 with respect to the land of 2,034 square meters in JJ owned by J 2,034 square meters due to the consultation acquired on December 6, 2013. The Defendant completed the registration of transfer of ownership on December 6, 2016 with respect to the land of 1,083 square meters owned by the Plaintiff on December 2, 2013.
C. Meanwhile, on December 16, 2013, the Defendant received an application for agricultural loss compensation for the land used as farmland from the date of the public announcement of the project as above. According to Article 77(2) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 12471, Mar. 18, 2014), in principle, the actual cultivator is entitled to receive agricultural loss compensation, but if the owner of farmland is a farmer residing in the relevant area, he/she may receive compensation in consultation with the owner of the farmland.
L, which cultivated E, G, and I’s land, filed an application for agricultural loss compensation with the Defendant, along with a confirmation of the fact of cultivation with the purport that M, E, G, and L were cultivated from March 26, 2009 to the time the application for agricultural loss compensation is filed, from March 26, 2009.
E. On January 10, 2014, the Defendant paid 8,441,040 won for agricultural compensation for the said J land owned by I to L who is a leased farmer, and F.m. to E, a self-employed farmer on March 7, 2014.