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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. On Aug. 10, 1996, the Plaintiff obtained a construction waste interim disposal business license from the Defendant on July 9, 2002, and received a report on succession to the rights and obligations of the waste disposal business on July 9, 2002, and run a construction waste interim disposal business in the area, etc., the Plaintiff carried in the waste disposal business in the area, etc., i.e., the e., the e., waste aggregates, recycled aggregates, construction waste, etc. (hereinafter “the instant waste”).
B. The Korea Water Resources Corporation, which is a project implementer of the Songsan City Development Project at the second stage of Sinsan City (hereinafter “the instant project”), separates the land compensation procedure and the business and obstacles compensation procedure in relation to the instant project. As to the instant business location, etc., the instant water resources Corporation completed the registration of ownership transfer based on expropriation, etc. from March 2010 to February 2013.
C. Meanwhile, on July 11, 2013, the Korea Water Resources Corporation filed an application for adjudication of expropriation with the Central Land Expropriation Committee on the obstacles and sales losses on the instant land. On January 23, 2014, the Korea Water Resources Corporation rendered adjudication on the compensation for losses against the Plaintiff at KRW 648,788,840.
In the above expropriation ruling, the Central Land Tribunal reserved the compensation decision on the ground that the instant wastes owned by the Plaintiff were not agreed upon between the Plaintiff and the Korea Water Resources Corporation on the exact quantity to be incorporated in the instant project.
E. On January 3, 2014, the Korea Water Resources Corporation filed an application against the Plaintiff for provisional disposition (U.S. District Court 2014Kahap10001) seeking the prohibition of bringing in the instant wastes, etc. on the instant business site. However, this court held that, insofar as the Korea Water Resources Corporation did not pay compensation, such as business compensation, etc. on January 28, 2014, the Plaintiff may occupy and use the instant business site, etc. until receiving such compensation.