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(영문) 광주지방법원순천지원 2007.07.24 2006가합1009
보상금
Text

1. The defendant shall pay KRW 17,321,750 for each of the plaintiffs Gap, Eul, and Eul, and KRW 35,031,00 for plaintiffs Eul, and KRW 35,031,00 for plaintiffs Eul, and KRW 18.

Reasons

1. The facts below the basis of facts are without dispute between the parties.

The defendant completed the construction work around December 23, 1995 upon obtaining approval from the Minister of Construction and Transportation around December 19, 194 in order to create a mountain village industrial complex in the area of 8,461,00 square meters in the Yan-si, the Yan-si, the Yanyang-si, the Yanyang-si, the Yanyang-si, the Yanyang-si, the Yanyang-si, the Yyang-dong, and the Yan-dong, and the fishermen engaged in the farming business at the time of the commencement of the construction work on the 23th of the same month.

B. Although the Plaintiffs demanded the Defendant to compensate for the extinction of the license fishery right, the Defendant (excluding Plaintiff D)’s fishery right was extinguished in the same manner as the attached Table on the current status of the mining termination fishery right (hereinafter “attached Table”) before December 19, 1994, which was the date of payment of compensation, and thus, it is not possible to give compensation for the extinction of the license fishery right. However, on August 24, 1996, the Defendant’s compensation deliberation at the Defendant’s compensation deliberation council for damages at the Defendant’s compensation deliberation council (excluding Plaintiff D) around August 24, 1996, as shown in the attached Table.

C. On May 11, 2001, the Plaintiffs (including Plaintiff E) filed a lawsuit seeking compensation for the extinguishment of a license fishery right (this Court 2001Gahap12400) without accepting the Defendant’s above decision, but lost it. The above decision was finally finalized by the Supreme Court on April 28, 2005.

2. Determination on the defense prior to the merits

A. The grounds for the claim of this case alleged by the plaintiffs are that the defendant committed a tort by implementing a project to create a high-level industrial complex without lawful compensation procedure against the non-licensed fishery right. As seen above, the plaintiffs filed a lawsuit seeking compensation for the extinguishment of the licensed fishery right based on the facts identical to the lawsuit in this case.

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