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(영문) 서울행정법원 2020.11.06 2017구합74252
손실보상금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 19, 2009, the Minister of Land, Transport and Maritime Affairs (former Minister of Land, Transport and Maritime Affairs) published the approval of the implementation plan of the E business (hereinafter “E business”) with the project execution period “from November 1, 2009 to December 201,” and the instant project execution period “from November 1, 2009 to December 201,” the project execution period was extended to the Defendant and the project execution period “from the date of original city B, C, D, 99,00 square meters.”

B. The Plaintiff and the Plaintiff-type G shared 1/2 shares of H 87,383 square meters and 5,137 square meters in each of the instant rivers (hereinafter collectively referred to as “each of the instant rivers”) located in the window of Changwon-si in the instant project site. The Plaintiff and the Plaintiff-type G shared 1/2 shares of each of the instant rivers. On April 7, 2011, the Republic of Korea completed the registration of the entire share transfer of each of the instant land from the Plaintiff and G.

C. On January 12, 2010, the Korea Land and Housing Corporation, which vicariously performed the Defendant’s compensation services, announced to the effect that “A farmer who obtained permission to occupy and use a river pursuant to the River Act and subordinate statutes is a farmer who is not the State, even if the landowner is a private land, shall be liable to compensate for agricultural loss (including the opinion of the Ministry of Land, Transport and Maritime Affairs

On March 29, 2010, the Plaintiff asked the Korea Land and Housing Corporation to notify of whether to establish separate guidelines, and on April 14, 2010, the said Corporation sent a reply to the Plaintiff on April 14, 2010 to the effect that it is not possible to compensate for agricultural losses, such as the contents of the previous notice, due to the relationship with the Ministry of Land, Transport and Maritime Affairs’s change guidelines with respect to the privately-owned agricultural products that did not obtain permission to occupy and use a river. On December 24, 2015, the Plaintiff sent a reply to the same purport and attached to the Busan Regional Land and Housing Administration’s Compensation.

On October 11, 2017, the Plaintiff intended to receive agricultural loss compensation from the Defendant in relation to the expropriation of each of the instant lands.

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