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(영문) 대전고등법원 2015.09.24 2014누630
농업손실보상금
Text

1. The part against the plaintiff in the judgment of the first instance, including the plaintiff's claim expanded in the trial room, is as follows.

Reasons

1. The reasoning for the court’s explanation on this part is as stated in the part of “1. Basic Facts” from Chapter 4, Chapter 15 to Chapter 5, Chapter 10, Chapter 5, Chapter 5, Section 5, Section 5, Section 5, Section 5, Section 2, Section 5, Section 5, Section 5, Section 5, Section 420, of the judgment of the court of first instance, except for the case where “the date of February 5, 2010” is “the date of January 28, 2010,” and thus, this part is

2. The reasoning for the court’s explanation on this part is as follows: “The existence of the obligation to compensate for losses” in Chapter 4 of Chapter 8 of the judgment of the court of first instance is the same as the partial entry “the existence of the obligation to compensate for losses 2.” in Chapter 5, Chapter 11 through Chapter 14, Chapter 8 of the judgment of the court of first instance, except for the case where “the February 5, 2010” is “the January 28, 2010.” Thus, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation

3. Scope of compensation for losses;

A. Article 48(1) of the former Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, Mar. 23, 2013; hereinafter “Enforcement Rule of the former Public Works Act”) provides that with respect to farmland to be incorporated into a zone where public works are performed, an amount calculated by multiplying the total amount of agricultural income by two years of the total amount of agricultural income per unit cultivated area per Do average of the annual farm household per Do, calculated by dividing the total amount of agricultural income by the area of the farmland to be incorporated into the zone where public works are performed by the statistics service agencies under subparagraph 3 of Article 3 of the Statistics Act (hereinafter “Enforcement Rule of the former Public Works Act”) shall be compensated as the total amount of agricultural loss, notwithstanding the provisions of paragraph (1), by the amount calculated by multiplying the area per unit cultivated area by two years of the actual income per Do.

On the other hand, the Agricultural Product Actual Income Recognition Standard on February 25, 2003.

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