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(영문) 의정부지방법원 2017.10.17 2016구합1405
생활대책용지불하 대상자 지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant was designated and publicly announced as B on December 3, 2009 (Public Notice of the Ministry of Land, Transport and Maritime Affairs C), and the operator of the E business, including the district plan, on November 16, 201 (Public Notice D by the Ministry of Land, Transport and Maritime Affairs), and the Plaintiff was the owner of the land F, G, H, I, J, and K located in the said business area (hereinafter collectively referred to as the “each of the instant land” in total; and the “K land” in this case).

B. On November 8, 2012 and January 11, 2013, the Plaintiff concluded a contract to sell the land of this case with the Defendant for the purchase of each of the instant land, and on November 8, 2012, a contract to sell obstacles to greenhouse houses installed on the instant K land, respectively.

C. On November 22, 2016, the Plaintiff demanded the Defendant to select a person subject to livelihood measures on the ground that “The fact was that the Plaintiff, even though the Plaintiff did not know of the size of 1,300 square meters among the K land in this case, did not receive agricultural loss compensation or other persons who did not know that the Plaintiff would be excluded from the person subject to livelihood measures.”

However, on November 25, 2016, the Defendant sent a reply that the Plaintiff cannot accept the Plaintiff’s demand in light of the certificate of cultivation signed and sealed by the Plaintiff, the agricultural loss compensation agreement, etc.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, 3, 8, and 9

2. Whether the disposition is lawful;

A. The Plaintiff’s instant disposition should be revoked on the following grounds.

1) The Plaintiff: (a) around 1,300 square meters out of the instant K land; and (b) received agricultural loss compensation through a lessee L; (c) thus, the Plaintiff constitutes a person subject to establishment of livelihood measures. (b) The Plaintiff did not know that the Plaintiff was not a person who received agricultural loss compensation or was excluded from the person subject to establishment of livelihood measures.

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