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(영문) 인천지방법원 2020.09.24 2019구합55495
손실보상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Business name: B business name, such as approval and public notice of project implementation: B business (1) - According to Article 15 of the Act on Special Cases concerning the Simplification of Authorization Procedures for Industrial Complexes, the public notice of approval of industrial complex plans shall be deemed public notice of designation of industrial complexes under Articles 7-4 and 8 of the Industrial Sites and Development Act and public notice of approval of implementation plans under Article 19-2 of the same Act, and according to Article 22(2) of the Industrial Sites and Development Act, public notice of designation of industrial complexes under Article 7-4(1) of the same Act shall be deemed public notice of project approval and public notice of project approval under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land,

The Ministry of Land, Infrastructure and Transport announced on December 29, 2017 - Project Operators C: Defendant

B. On March 17, 2018, the Plaintiff purchased from D, and completed the registration of ownership transfer on the 28th of the same month, Nam-gu, Incheon (hereinafter “instant land”). Since then, the Plaintiff arbitrarily planted 300 glue trees (hereinafter “the instant trees”) on the instant land on the ground.

C. The Central Land Tribunal’s ruling of expropriation on August 8, 2019 - The trees for which the Plaintiff demanded compensation are planted after the public announcement of the project approval, and thus rejected for the reason that they are not subject to compensation for obstacles (applicable to recognition). The fact that there is no dispute, the entries in Gap’s evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the trees of this case were planted on the land of this case constitutes an obstacle subject to compensation, since the Plaintiff used the land of this case as a usual method of use.

Therefore, the Defendant is obligated to pay the Plaintiff reasonable obstacles compensation in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

B. (1) It is determined that Article 25 (2) of the Land Compensation Act is a public announcement of project approval.

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