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(영문) 광주고등법원 2007.12.26 2007나4515
보상금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The costs of lawsuit shall be all of the first and second instances.

Reasons

1. Basic facts

A. The Defendant implemented a regional industrial complex development project in the area of area of 8,461,00 square meters in the area of the Yanam-do, Jeoncheon-do, the area of the Yacheon-gun, the area of the Yacheon-do, the area of the Yayang-si, the area of the Yayang-si, the area of the area of the 8,461,000 square meters (hereinafter the above local industrial complex is referred to as a "ratioa-do industrial complex", and the above development project is referred to as the development project in this case), and the Plaintiff et al. obtained or acquired a license for farming, such as a brush and brush (license number W through Q, AC, S, V,

B. On November 25, 1993, the Defendant entered into a service contract with the Korea Fisheries Research Institute and the Seoul National Fisheries Research Institute regarding the investigation of fishery damage and the calculation of compensation amount arising from the instant development project. On November 26, 1993, the instant fishery right is classified as the fishery right subject to investigation in the detailed implementation plan, etc. submitted by the Korea Fisheries Research Institute and Fisheries Research Institute to the Defendant on November 26, 1993.

C. On the other hand, on April 30, 1994, the Defendant notified the president of the Fisheries Research Institute of the Korea Fisheries Research and Development of the method of compensating for the damage to fishery rights, and the fishery right of this case extinguished after the lapse of the licensing period before the approval date of the implementation plan of the Korea Fisheries Research and Development is not eligible for compensation. Thus, the Defendant had to calculate the amount of compensation pursuant to Article 25-3 of the former Enforcement Rule of the Public Use Compensation for Loss (amended by Ordinance of the Ministry of Construction and Transportation No. 493

The defendant shall obtain approval from the Minister of Construction and Transportation for the implementation plan for a mountain village industrial complex from the Minister of Construction and Transportation and use the name of the project, (2) the project operator, (3) the purpose and outline of the project, (4) the location and area of the project area, (5) the project implementation period, (6) the areas, districts and areas, or the urban planning facilities, (7) the rights other than ownership of the land, buildings or fixtures, fishing rights, mining rights, and water.

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