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(영문) 수원지방법원 2017.12.13 2017구합65464
생활대책대상자제외처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 30, 2009, the Defendant, as the implementer of the B District Project (hereinafter “instant project”), acquired an agreement from the Plaintiff on December 30, 2009 on the land of Pyeongtaek-si, 569 square meters prior to D, 245 square meters prior to D, E, 347 square meters prior to E, 2,37 square meters prior to F, and 2,377 square meters prior to F (hereinafter “the instant farmland”).

(A) At around 2012, G filed an application with the Defendant for the prohibition of agricultural loss compensation for the reason that the farmland of this case was leased and cultivated from the Plaintiff (Evidence Nos. 1 through 3). At that time, G received KRW 10,019,616, total amount of agricultural loss compensation for the said farmland from the Defendant.

(A) No. 6. Person subject to livelihood measures: The following shall apply to a person who has received compensation for all the compensation owned by the person himself/herself through consultation or adjudication and has delivered the entire compensation without recourse to a compulsory disposition:

3. From September 23, 2005, the date of the public announcement of a compensation plan for the farmland of at least 1,000 square meters residing in the relevant area and received agricultural compensation for the farmland of at least 1,000 square meters from the date of public announcement of the public announcement of the compensation plan for the farmland of at least 1,00 square meters in the relevant area (including the case where the farmland is combined with the farmland of at least 1,000 square meters) to the date of public announcement of the compensation plan for the farmland of at least 1,000 square meters in the relevant area from September 11, 2009 (hereinafter referred to as the “public announcement of the living plan”) to the date of public announcement of the compensation plan for the farmland of at least 20 square meters in the relevant area (including the case where the farmland of the 1,000 square meters in total) until the date of public announcement of the public announcement of the compensation plan for the farmland of at least 1,000 square meters in the relevant area;

(A) The living measures of this case include the following:

The Plaintiff filed an application with the Defendant for the selection of a person eligible for the supply of land for livelihood countermeasures relating to the instant project in relation to the farming of the farmland, and the Defendant on April 26, 2017.

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