logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.11.13 2014누21912
보상금지급청구
Text

1. Of the judgment of the first instance court, the part of the conjunctive claim is revoked, and all the plaintiffs' lawsuits against the defendant Republic of Korea.

Reasons

1. Basic facts

A. The Plaintiffs entered into a charter contract with T & U.S. Co., Ltd., a underwater aggregate extraction business entity in the area as the owner of the pertinent vessel listed in the relevant vessel owned by each Plaintiff 2, and used the relevant vessel to transport aggregate.

B. However, since the late half of the year in 2007, permission to extract aggregate was suspended, and since then, when the project to live in the fourth River of the Nakdong River basin was promoted, aggregate extraction business operators who had been engaged in underwater aggregate extraction business with permission to extract aggregate was suspended from underwater aggregate extraction business. Accordingly, the Plaintiffs failed to conclude a charter contract with the above aggregate extraction business entity, and thus, did not run the aggregate extraction business from around that time.

C. Meanwhile, the head of the Regional Construction and Management of Busan Regional Construction and Management Office, who is the project implementer of the project for the suicide of the April River, established an implementation plan for river works pursuant to Article 27 of the River Act and publicly announced on March 5, 2010.

Article 10(3) of the Aggregate Extraction Act was amended by Act No. 11362 on February 22, 2012 with legislative petition of aggregate extraction business entities whose business operation has been difficult due to the four-dimensional housing construction projects, and where the Minister of Land, Infrastructure and Transport deems it necessary to improve management of aggregate extraction business due to the implementation of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects that affect the Supply and Demand of Aggregate or the rapid change in the situation of supply and demand of aggregate, he/she may establish and implement measures to support the restructuring of aggregate extraction business, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Accordingly, the Ministry of Land, Infrastructure and Transport newly established provisions, and the Ministry of Land, Infrastructure and Transport is the "Guidelines for the restructuring of aggregate extraction business" as the "Guidelines for the implementation of the restructuring of aggregate extraction business due to the implementation of the four-party housing construction project."

AB was enacted.

E. The Plaintiffs are based on the instant enforcement guidelines.

arrow