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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of ruling;
(a) Business authorization and public notice - Industrial complex development project (C; hereinafter “instant project”) - A public notice of the Ministry of Land, Transport and Maritime Affairs on March 14, 2008 - A public notice of the Ministry of Land, Transport and Maritime Affairs on September 12, 2008 - A project operator: Defendant
B. The Central Land Tribunal’s adjudication on expropriation on September 7, 2017 - The content of adjudication: The Plaintiffs filed a claim against the Defendant to compensate for agricultural losses on the ground that the Plaintiffs do not constitute “actual farmer” who cultivates crops under their own possession as prescribed by the relevant statutes, on the ground that the Plaintiffs do not fall under “actual farmer” who cultivates crops under their own possession,” among part of the land of 10,077 square meters (hereinafter “instant land”) which is F. 10,07 square meters (hereinafter “instant land”). However, the Central Land Tribunal dismissed the said claim on the ground that the Plaintiffs do not constitute “actual farmer” for cultivating crops under their own possession as prescribed by the relevant statutes
2. Summary of the parties' arguments
가. 원고들의 주장 요지 원고들은 2001. 9. 1.경 소유자인 G으로부터 각각 이 사건 토지 중 약 1,400㎡씩을 임차하여 소사나무, 앵두나무, 체리나무, 매실나무, 감나무 등 유실수와 두릅나무, 단풍나무, 사철나무, 쥐똥나무 등 조경수 및 인삼, 상추, 깻잎, 쑥갓 등의 채소, 칡넝쿨(염소먹이) 등을 재배하면서 2001년부터 2010년까지 실제로 경작을 하였다.
Since G, an owner, is not a farmer residing in the relevant area because he/she is not a farmer residing in the relevant area, the defendant shall pay 4,480,000 won, respectively, to the Plaintiffs, the actual farmer, as the agricultural compensation amount pursuant to Article 77 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 48 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Enforcement Rule of the Land Compensation Act”).