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(영문) 광주지방법원 2014.11.12 2014고정1513
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged Defendant A, from around 2006, operated the network D and E-fishing ground as a partnership business. The Defendants, from April 13, 2010, operated the said E-fishing ground as a partnership business from around April 13, 2010 when the Deceased died.

In relation to a project for creating a project for creating a long-term nanotechnology general project complex, in order to receive compensation for business losses, the Defendants must continue to operate his/her business at a legitimate place prior to September 20, 2007, which is the public announcement of the project approval. Although the above E-fishing ground was in a state of failing to report the fish farm business at the time of September 20, 2007, and did not actually operate the fish farm and continued to put it into the fish farm thereafter, the Defendants did not intend to file an application for adjudication on the ground that the Defendants did not receive compensation in collusion with the purport that the E-fishing ground was not subject to compensation by submitting a receipt, a receipt, a receipt, and a land lease contract, etc., to the public official in charge of the Sungsung-Gun regional economy and office located in 200, Jeonsung-gun, Sungcheon-gun, Sung-gun-gun, Sung-gun, and the name of the public official in charge of the request for adjudication.

2. In order to meet the elements of Article 93 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a subjective constituent element is required that the claimant for compensation knew that he/she was not able to receive compensation at the time of the claim for compensation.

However, according to the records, the defendants are amended to impose the duty to report on those who run fish farming business under the Inland Fisheries Act.

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