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(영문) 부산지방법원 2020.04.02 2019구합1020
행정부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a project implementer that carries out a J project that constructs large-scale housing and commercial districts in Gangseo-gu Busan Metropolitan Government, H and I (hereinafter “instant project”).

B. The Plaintiff leased the land of Gangseo-gu Busan, D, E, and F located within the instant project zone (hereinafter “instant land”) and cultivated the Hastomato.

C. On June 17, 2016, the Defendant, as the instant project implementer, obtained the instant land D and E as a public site, and acquired C and F land by a ruling of expropriation around April 2017.

On June 27, 2019, the Plaintiff filed a claim against the Defendant for disclosure of information on the criteria for recognition of actual income and reasons for exclusion from compensation in relation to agricultural loss compensation, with respect to the Plaintiff’s distribution of Saturdays from January 2013 to the instant land before the instant public announcement of project approval, but excluded from farming compensation.

E. On July 3, 2019, the Defendant notified the Plaintiff of the determination that “The amount of compensation for farming loss shall be calculated by multiplying the farmland area by the statistical unit price (the unit price (the unit price that the statistics service agency prepared and announced annually) in accordance with Article 48(1) of the Enforcement Rule of the Land Compensation Act for Public Works Projects (hereinafter “Land Compensation Act”). However, in the event that actual income is proved in accordance with the standards for recognition of actual income of agricultural crops under paragraph (2) of the same Article, the amount of compensation for farming shall be calculated by multiplying the unit area by the actual income, not the statistical unit price. Since the public announcement of the project approval on December 14, 2012 was made on December 14, 2012, the total period of recognition of total income of agricultural crops shall be based on the total income of 2011 through 2012, which is two years immediately preceding, and the total period of total income of farming shall not be included in the actual income, and in the case

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence, and the purport of the whole pleadings.

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