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(영문) 부산지방법원 2019.09.27 2019구합22270
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In order to implement a B project (hereinafter “instant project”) under Article 9(1) of the former Railroad Construction Act (amended by Act No. 8852, Feb. 29, 2008) (hereinafter “instant project”), the Defendant, such as project approval and public notice of the project approval of the instant project, etc., shall prepare an implementation plan for railroad construction projects and obtain approval from the Minister of Construction and Transportation.

On January 18, 2006, the Minister of Construction and Transportation announced the approval of the project implementation plan of this case to the Ministry of Construction and Transportation, and the Minister of Land, Transport and Maritime Affairs announced D on June 13, 201, the Ministry of Land, Transport and Maritime Affairs announced D, the Ministry of Land, Infrastructure and Transport announced E on April 2, 201, and the Ministry of Land, Infrastructure and Transport announced the approval of the modification of the project implementation plan of this case to F on February 2, 201

On December 5, 1995, G, including the Plaintiff, completed a general restaurant business report in the name of the part of the building indicated in the “real estate indication” attached Table 1 (hereinafter “instant building”) on the land of H 1,223 square meters in Busan-gun, Busan-gun (hereinafter “instant land”) and operated the restaurant. The name of the business operator was changed from G to J on December 14, 2007, from J on October 18, 201 to K, and from K on January 25, 2012 to the Plaintiff.

On the other hand, G is the Plaintiff’s wife.

Of the instant land announced for the first time on January 18, 2006, only 223 square meters among the instant land was included in the business area of the instant project, and the land located on which the instant building was located was not included in the instant business area. However, as the Ministry of Land, Infrastructure and Transport’s implementation plan was changed on April 2, 2014 and the area to be incorporated into the instant land increased to 377 square meters, the instant land was also incorporated into the instant business area.

In addition, on July 10, 2014, the instant land was divided into H 7 square meters, L 377 square meters, M 839 square meters, each of which was located in Busan-gun, Busan-gun. On February 2, 2015, the parcel number of the instant land, incorporated into the instant project area, F with the Ministry of Land, Infrastructure and Transport Notice 2, 2015, was corrected to H from H.

Plaintiff

(2).

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