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(영문) 춘천지방법원 강릉지원 2017.04.20 2016구합50557
어업손실보상금증액
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On March 19, 2010, the Governor of Gangwon-do approved and publicly announced a C industrial complex plan with the following details pursuant to Article 15 of the former Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complexes (amended by Act No. 11019, Aug. 4, 2011; hereinafter “former Act on the Simple Procedures”).

(hereinafter “instant project”). 1. Name, location and size of industrial complex

(a) Name: C industrial complex;

(b) Location: Dririwon at Sam-si (hereinafter referred to as “instant project site”);

(c) Area: 981,034 square meters (it shall be changed to 987,107 square meters on April 25, 2012);

2. Construction of LPG production bases to ensure the stable foundation and supply capacity due to the rapid increase in natural gas demand for the purpose of designating an industrial complex;

3. Operators of industrial complex development projects: The Korea Gas Corporation (hereinafter referred to as the "Defendant");

4. Period of development of an industrial complex: From March 2010 to December 2013 (which shall be extended from April 25, 2012 to July 2014);

B. The Plaintiff had the fishery right (hereinafter “instant fishery right”) that read “license number E: fishing type E: political net, fishing method: the location of a fishing ground: the improvement net, and fishing ground: the location of a fishing ground: the instant fishing right (hereinafter “instant fishing right”). However, the license on the instant fishing right was revoked as a result of the instant project’s implementation.

C. For the purpose of compensating for direct and indirect fishery damage arising from the instant project, a set of an agreement for compensating for fishery damage (hereinafter “instant agreement”) between the Plaintiff and the Defendant, who is a project implementer, under Article 81 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Aug. 4, 201; hereinafter “former Public Works Act”), as well as the Defendant, on October 26, 2010, entered into an agreement for compensating for fishery damage (hereinafter “instant agreement”).

Article 1 (Purpose) This Agreement is derived from K Project (the Project in this case).

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