logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.03.23 2016구합12219
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a fish farming business after completing a report on inland fisheries on May 17, 2012 from Gwangju Northern-gu B, C, D, E, and F. The Defendant is a project implementer of “G” as follows.

B. Project name 1) project approval and public announcement of project approval: An urban planning facility project (G) public announcement (G) (hereinafter “instant project”): H public announcement of Gwangju Metropolitan City on December 1, 2014; and I public notification of Gwangju Metropolitan City on February 13, 2015: Defendant 2) adjudication of expropriation by the Central Land Expropriation Committee on July 21, 2016 (hereinafter “instant expropriation adjudication”).

(A) Objects (A) subject to expropriation: ① Business compensation, ② Compensation for relocation expenses, etc. (3) Compensation for fish farming facilities (limited to fish farming facilities, fences, tide prevention networks, and water nets; hereinafter referred to as “self-aquaculture facilities”): Compensation for losses on September 13, 2016: 24,910,000 won, such as business compensation, and compensation for relocation expenses, as shown in attached Table 1; calculation of the total amount of KRW 60,690,000, including KRW 17,200,000 in self-aqua fish farming facilities; and calculation of the total amount of KRW 60,690,000 (based on recognition); Party A’s evidence 1, 2 (including various numbers; hereinafter the same shall apply); the purport of the entire pleadings.

2. Determination

A. Plaintiff’s assertion 1) Total number 1,674 of 5-7 year students cultivated in the instant model. Of them, number 1,591 was all discarded, and the remaining 83 of them was lost. At the time, the market price of the above 1,674 won was an average of 5,000 won, and thus, the Plaintiff’s loss incurred therefrom was 92,070,000 won (1,674 x 55,000 won). 2) Furthermore, the number of 1,674 of the above 1,674 was about 83% (1,674 x 83%) and the average of 90 won per month from June 1 to September 2 of each year, 198.

As seen earlier, the Plaintiff was all abolished or lost by a person who was cultivated in the instant model, and the Plaintiff’s self-drawed loss amounting to 106,258,500 won (=1,389 water x 90 won).

3..

arrow