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(영문) 수원지방법원 2016.09.07 2015구합62447
영농보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Housing site development project (B zone housing site development project (hereinafter referred to as the “instant project”) - C public notice of the Ministry of Land, Transport and Maritime Affairs on August 5, 2008 - Project operator: Defendant

B. The Central Land Tribunal’s ruling of expropriation on January 22, 2015 - The Plaintiff asserted that the Plaintiff would compensate for farming losses for the mushroom cultivation business run by the Plaintiff on the ground of Sungnam-gu, Da and E (hereinafter “each of the instant lands”), incorporated into the instant project zone, but the Central Land Tribunal dismissed the Plaintiff’s request. [Grounds for recognition] The Plaintiff did not dispute, entry in the evidence No. 3, and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion had leased each of the instant lands before the public announcement date of the instant public announcement, and cultivated the situation mushrooms, shot mushrooms, etc. on its ground. As obstacles to each of the instant lands and mushroom growing facilities were admitted, the Plaintiff was no longer able to conduct mushroom growing business.

Therefore, pursuant to Article 77(2) and (4) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), Article 48(2) of the former Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 5, Apr. 25, 2013; hereinafter “Enforcement Rule of the former Public Works Act”), the Defendant is obligated to pay to the Plaintiff KRW 15,301,02 as compensation for farming. [15,301,022 per annual unit cultivation area (=18,000,00 won per annual average income per unit cultivation area/total area of 1,549 square meters x 42.5% per annual income rate], and delay damages therefrom.

(b) Entry in the attached Form of relevant statutes;

C. Article 77 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which provides for one business loss and compensation for farming loss, is "income per unit area of farmland with respect to farming loss" in the main sentence of Article 77 (2).

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