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(영문) 광주고등법원 2016.07.20 2016나430
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff obtained permission from around 195 to from around December 31, 2007 with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”), which is a state-owned river site, for occupation and use of rivers, and cultivated barley, rice, free rice, etc. for three instances. The Plaintiff finally obtained permission for occupation and use of a total of 29,893 square meters of each of the instant lands from January 2006 to December 31, 2007.

B. On February 13, 2008, the head of the Korea Regional Construction and Management Administration publicly announced the maintenance execution plan (public notice H; hereinafter “instant public notice”) that sets the E, F, and G members as project areas for each of the instant land, including the instant land, in order to execute the Yeongsan River Maintenance and Improvement Project (hereinafter “the instant project”), and the Defendant received and performed the instant project.

C. The Plaintiff filed a claim against the head of the Korea Special Self-Governing Construction and Management Administration, the project implementer of the instant project, for the compensation for farming losses due to the incorporation of the land, etc. into the project area, the compensation for damage caused by the Defendant’s damage to the Plaintiff’s agricultural crops, and the compensation for losses incurred by the sale of the agricultural equipment due to the Defendant’s impossibility of continuing farming as the instant project. However, the head of the Korea Special Self-Governing Construction and Management Administration had already expired prior to the instant public notice, and according to photographs, etc. taken by the airline and the Defendant prior to the instant project commencement, it is difficult to deem that the Defendant damaged agricultural crops. The Plaintiff’s farmland owned by the Plaintiff, which was not included in the adjacent project area in the project area of the instant project area, could not be deemed

On June 19, 2014, the Central Land Expropriation Committee has expired on December 31, 2007, prior to the announcement date of the instant case ( February 13, 2008) and on December 31, 2007, respectively.

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