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(영문) 수원지방법원 안산지원 2018.06.21 2017가합6860
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From around 1998, the Plaintiff leased 6,493 square meters and installed six plastic houses (hereinafter “the instant plastic houses”) on the said land on the said land, and cultivated soil, sand, drilling, etc. in the instant plastic houses.

B. Article 15(1) of the former Act on Public-Private Partnerships in Infrastructure (amended by Act No. 10522, Mar. 31, 2011; hereinafter the same shall apply) and Article 16 of the former Enforcement Decree of the Act on Public-Private Partnerships in Infrastructure (amended by Act No. 10522, Mar. 31, 201; hereinafter the same shall apply), the Minister of Land, Transport and Maritime Affairs (former Minister of Land, Transport and Maritime Affairs) shall prepare an implementation plan for the relevant project and obtain approval from the competent authority before implementing

The same shall apply to the modification of the approved contents.

Provided, That this shall not apply where minor matters prescribed by the Presidential Decree are modified.

Article 16 (Approval of Implementation Plans) (1) A project implementer who intends to obtain approval of an implementation plan or an amendment thereto pursuant to the main sentence of Article 15 (1) of the Act shall submit an application for approval of an implementation plan stating the following to the competent authority:

1. According to the location and area of the project to be implemented, C’s implementation plan for the project for the project for the project for the project for the project for the project, and the urban management plan and topographic drawings were publicly announced in the Official Gazette. Defendant Lee Il-il Co., Ltd. (hereinafter “Defendant Lee”) is the project implementer of the instant project, and Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”) is the project implementer of the instant project, and the project owner of the instant project is the first Section of the instant project.

C. The Plaintiff supplied groundwater at the Governmenthouse located in Singu-si D (hereinafter “the Governmenthouse of this case”) and cultivated crops in the instant vinyl house, and the Governmenthouse of this case is an obstacle to the project site of this case.

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