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(영문) 광주고등법원(전주) 2014.08.25 2013누951
보상거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On October 8, 2009, the Plaintiff (the Jin Industry Co., Ltd. changed the Plaintiff’s trade name to the Plaintiff; hereinafter “Plaintiff” in total) is a corporation that owns a barge, tugboat, etc. for collecting and transporting marine sand from KRW 153, 153, Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, and engages in the business of collecting aggregate, collecting aggregates, wholesale and retail, transporting marine cargo, etc.

B. On May 19, 2008, the Plaintiff purchased at KRW 500 million a 32 new line (ship number: JHB-93033, gross tonnage: 987 tons, major measurements: length: 67.28m, width, 14m, 5m in depth; hereinafter “instant vessel”). The Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the 21st of the same month.

However, on the deck of the instant vessel, “i” is attached to the structure to attract pumps and strings for dredging the sea sand, and “mast” is installed, which is a pole to attach an external radar antenna, and the instant vessel’s passage at least 28 meters at full tide (in order to pass through the intersection, the traffic altitude, “airway”, and “mar and high-speed” means the distance between the sea and the intersection board; hereinafter “traffic altitude”) should be secured.

C. Under Article 24 of the former Road Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Road Act”), the head of the Korea Regional Construction and Management Administration under the former Ministry of Land, Transport and Maritime Affairs (the name of the Ministry of Land, Transport and Maritime Affairs was changed on March 23, 2013) issued a public notice of determination (hereinafter “determination of determination of the road zone of this case”) of the following road zones with respect to the construction works for military funeral posts, among the routes of national road No. 4 (hereinafter “former Road Act”), under Article 24 of the former Road Act (amended by Act No. 11690, Mar. 23, 2013).

National highways 4line 4 (Military-si & Gyeongju), half-day National Road of Do (Military-si & Gyeongju), which is the main passage point in the size of the section of classified routes: Gunsan Sea Network, 1010.

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