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(영문) 전주지방법원 2018.11.07 2017구합2780
재결처분취소 청구의 소
Text

1. The plaintiffs' actions against the defendant local land tribunal of Jeollabuk-do and the plaintiffs' actions against the defendant father-gun.

Reasons

1. Details of ruling;

A. 1) Defendant Banan-gun (Public Notice D, December 26, 2014, 201) established C (hereinafter “instant project”) (hereinafter “instant project”).

(2) On March 30, 2015, the Plaintiff, the Plaintiff-owned, was divided into 2,291 square meters and 1,646 square meters for fish farms, and 5,349 square meters for G fishing grounds into 2,716 square meters and 2,63 square meters for H fishing grounds on March 30, 2015, and only 1,646 square meters for F fishing grounds and 2,63 square meters for H fishing grounds (hereinafter “land”).

B. In order to acquire land, etc. to be incorporated into the instant project, Defendant Seoan-gun consulted with the owner, but failed to reach an agreement, and filed an application for adjudication. On August 31, 2016, Defendant Jeollabuk-do Regional Land Expropriation Committee rendered a ruling to expropriate KRW 59,420,60, 200, Hyang-gun, 2,633 square meters at KRW 95,05,00,00, 2,633 square meters at KRW 95,05,00.2) The Plaintiff filed an objection against the said ruling. The Central Land Expropriation Committee dismissed the claim for expropriation of the remaining land and the compensation amount on February 23, 2017, and the compensation amount was 158,09,000 won (i.e., KRW 1,646 square meters on October 24, 2016). The Defendant Jeollabuk-do Regional Land Expropriation Committee rendered a ruling to increase the compensation amount to KRW 158,109,09,050.

C. On August 9, 2017, the Plaintiffs asserted that they were unable to engage in fish farming due to the instant project to Defendant Boan-gun on August 9, 2017, and that the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

The competent Land Tribunal filed a claim for adjudication on the compensation for losses of the remaining land under Article 73 (1), compensation for fishing rights under Article 76, and compensation for losses of business under Article 77, and the defendant Boan-gun filed a petition for adjudication on August 16, 2017, accompanied by an application for adjudication submitted by the plaintiffs.

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