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(영문) 서울행정법원 2020.11.20 2020구합57813
손실보상재결처분취소
Text

Of the instant lawsuit, the part of the claim against Defendant Korea Water Resources Corporation shall be dismissed.

The plaintiff is the defendant.

Reasons

1. Basic facts, etc.;

A. On December 1, 2009, the Minister of Land, Transport and Maritime Affairs publicly announced the project operator’s project implementation plan with Defendant Korea Water Resources Corporation, the project site with the Gyeonggi-gun B, C, and C, and the project site with the project site of 253,883 square meters, “D business” (hereinafter “instant project”).

(Public Notice E) of the Ministry of Land, Transport and Maritime Affairs

The Plaintiff is the owner of each real estate listed in the attached list, including fish farms (hereinafter “instant real estate”). The instant real estate is located outside the project implementation district of this case.

C. On December 8, 2009, the Korea Land and Housing Corporation, which performed the duty of compensation by proxy, inspected and published the compensation plan for the instant project, but did not include the content of the instant real estate in the said compensation plan.

On January 29, 2010, Emju entered into an aggregate treatment agreement with Defendant Korea Water Resources Corporation for the disposal of dredging soil arising from the instant project, and the Defendant Korea Water Resources Corporation decided to manage and sell the dredging soil.

After the Convention, on March 17, 2010, in the vicinity of the instant real estate on March 17, 2010, “Permission to temporarily use the said 107 parcel of land for other purposes,” with the consent of the owners of the land adjacent to the instant real estate, was “Permission to temporarily use the said 107 parcel of land for other purposes,” and the Defendant Korea Water Resources Corporation began to transport the dredging land from around that time, and completed dredging soil around January 201. Accordingly, the neighboring area of the instant real estate was replaced by dredging land on the 3rd surface except for the bank.

E. Meanwhile, on October 11, 2012, the project of this case was completed by Defendant Korea Water Resources Corporation after obtaining the authorization of the completion of the project with the FF published by the Ministry of Land, Transport and Maritime Affairs.

F. On July 6, 2012, the Plaintiff sought damages for the reason that the instant real estate could not be used as a fish farm due to dredging soil in the vicinity of the instant real estate.

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