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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원(창원) 2015.05.13 2014누10793
수용이의재결처분취소
Text

1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The Busan Regional Land Management Office (hereinafter “instant project”) implemented a river project (D), and the Busan Regional Land Management Office established a river project plan for the instant project and publicly announced it as F for the Busan Regional Land Management Office on December 7, 2009.

B. 1) Plaintiff A, along with G, H (hereinafter “Plaintiff A, etc.”), is a “Plaintiff A, etc.” in which Plaintiff A, G, and H were separated.

(2) On June 1, 2009, the Plaintiff-B was lent to the Mayor on the 30,000 square meters (hereinafter “the instant river site”) located in the instant project area, and the Mayor was located in the 30,000 square meters.

(2) On June 2, 2009, Plaintiff B notified the acceptance of the said report by attaching the terms and conditions of permission to the effect that “a new installation, such as facility summering for cultivating the river site, shall be prohibited.”

3) On June 22, 2009, the Kimhae-si posted a public notice prohibiting the installation of new plastic houses, etc. to the river site users in the instant project zone including Plaintiff B. 4) Plaintiff A, etc. installed a vinyl house 25,882 square meters (hereinafter “instant facilities”) on the ground of the instant river site from June 2009 to July 2, 2009.

C. On November 30, 2009, Plaintiff A et al. filed a claim for compensation for losses for the instant river site under the Plaintiff’s name on November 30, 2009. On December 14, 2009, Plaintiff A et al. received KRW 11570,000,000 from Plaintiff B’s account in the name of the Busan Regional Land Management Office, which was entrusted with the compensation work by the Plaintiff’s project implementer, and received the payment of KRW 11,570,000 from Plaintiff B. 2) on June 24, 2010.

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