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1. The part against the plaintiffs in the judgment of the first instance shall be revoked.
2. The part extended in the plaintiffs' claim trial.
Reasons
1. The following facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 9, 10, 12, and 13 (including a serial number; hereinafter the same shall apply) and Eul evidence No. 4, taking into account the overall purport of the pleadings, and there is no counter-proof.
The defendant completed the construction work around December 23, 1995, after obtaining approval from the Minister of Construction and Transportation on December 19, 1994, in order to implement a construction project to develop a mountain industrial complex (hereinafter referred to as the “instant development project”) at a rate of drown-si, the Yacheon-si, the Yayang-si, the Yayang-si, the Yayang-si, the Yayang-si, the Yayang-si, the Yayang-dong, the Yayang-dong, the Yayang-dong, the Yayang-dong, and the plaintiffs are fishermen engaged in the farming business such as drown and shot-do at
B. The Plaintiffs demanded the Defendant to compensate for the extinction of the license fishery right. Accordingly, the Defendant, prior to December 19, 1994 (the date of the public notice of approval for the implementation plan for the rural complex), shall not be able to compensate for the extinguishment of license fishery right on the ground that all the fishing rights were extinguished as shown in the attached Table of the current status of the mining extinction fishery right (hereinafter “attached Table”), which is the date of compensation payment. However, around August 24, 1996, the Defendant’s compensation deliberation council at the Defendant’s compensation deliberation council for damages determined the Plaintiffs’ compensation as listed in the attached Table 1.
C. The Plaintiff E acquired the fishery right from a third party as shown in the attached Table 2.
On May 11, 2001, the plaintiffs suffered damage from their fishery rights due to the implementation of the development project of this case, and filed a claim for damages against the defendant on May 11, 2001 by the Gwangju District Court 2001Gahap1240, but the plaintiffs' fishery rights were not subject to compensation due to the extinguishment before the implementation of the development project, and the Gwangju High Court 2002Na9485, Nov. 7, 2002.