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(영문) 광주고등법원 2016.02.02 2011나4697
보상금
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the above revoked part shall be revoked.

Reasons

1. The Plaintiffs filed a claim for damages equivalent to compensation for losses against the Defendant, asserting that the Defendant’s implementation of K development projects without compensation for losses caused a decrease in catch on the Plaintiff A fishing village fraternity’s number owned, F (T), G, H fishing right, I and J fishing village fraternity’s fishing right located adjacent to the relevant project district.

The court of first instance accepted part of the plaintiffs' claims by recognizing that the damage was inflicted only on the plaintiff A fishing village fraternity E (S), G fishery right and the plaintiff B fishing village fraternity No. 1 among the above fishery rights, and the plaintiff A fishing village fraternity appealed only on the claim for damages related to the above E fishery right. The defendant appealed on the whole part of the first instance court's award.

Therefore, the scope of the party's trial is limited to the claim for damages related to the plaintiff A fishing village fraternity E (S), G fishing right and the plaintiff B fishing village fraternity's number.

2. Based on the facts, Plaintiff A fishing village fraternity is composed of fishermen engaged in joint fishing, fish farming, community fishing, etc. in the Da branch line in the Jeonnam-gun, Gonam-gun, and Plaintiff B fishing village fraternity is composed of fishermen engaged in joint fishing, community fishing, etc. in the same Do branch line. The Plaintiffs acquired each fishery license as listed below, and the location of the operation area is as listed in the annexed sheet.

(hereinafter “instant fishing right” or “the instant fishing ground” (hereinafter “instant fishing ground”). The period of validity of the fishing permit holder’s license number capture, the period of validity of the license (where the period of validity is extended, the extended period) Plaintiff A fishing village fraternity E on July 9, 2005, the period of validity of Plaintiff A fishing village fraternity E on August 18, 2005, the number of numbers issued on August 18, 2005 to August 17, 2005, the period of license was re-developed with the fish, shellfish, and seaweeds on August 17, 2015, while the area was 57.6 second to 57 second, the number of fishing methods was 57 second, the number of fish, diving, diving, and the net.

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