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(영문) 수원지방법원 2018.12.20 2018구합62844
영농손실보상기각결정취소청구 등의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business Name B (C) - Public notice: The defendant: D public notice of Gyeonggi-do on September 25, 2015, Gwangju City E, September 9, 2016, and Gwangju City public notice of April 10, 2017;

B. The ruling of expropriation made by the Gyeonggi-do Regional Land Tribunal on June 12, 2017 - Subject to expropriation: G field 3,802 square meters (hereinafter “instant land”) in Gwangju-si and obstacles, such as plastic houses, restaurants, warehouses, and flowers on the ground thereof - Compensation for losses in total: 1,514,709,830 won - the date of commencement of expropriation: July 27, 2017.

The adjudication made by the Gyeonggi-do local Land Tribunal on January 29, 2018 - Details of the adjudication: The agricultural loss compensation for the instant land falls under “the average of two years of the total income of crops per annual agricultural household unit cultivated area per Do” with respect to crops using force (bean, maize, etc.) and thus, it is reasonable to dismiss the Plaintiff’s claim for the Plaintiff’s business loss compensation on the ground that the Plaintiff’s claim for the Plaintiff’s business loss compensation falls under “the average of two years of the total income of crops per annual agricultural household unit cultivated area per Do” - The Defendant shall appoint the Plaintiff as the principal deposit on April 2, 2018, and deposit KRW 13,459,080 as the deposit of the agricultural loss compensation (agricultural loss compensation) determined by the local Land Tribunal of Gyeonggi-do with the Sungnam Branch District Court of Suwon-do as the gold 1

2. Determination on this safety defense

A. On March 30, 2018, the Defendant’s main defense presented a lawsuit against the Gyeonggi-do Local Land Tribunal seeking the revocation of the adjudication disposition as of January 29, 2018, but amended the purport of the lawsuit to seek a claim for the amount of compensation for farming loss upon filing an application for permission for rectification of the Defendant on April 23, 2018.

Therefore, the Plaintiff’s filing of a lawsuit against the Defendant ought to be deemed as April 23, 2018, and as such, 60 days have elapsed from the date of delivery of the written adjudication of acceptance as of January 29, 2018, the instant lawsuit was subject to the time limit for filing the lawsuit.

B. If the plaintiff has mistakenly designated the defendant, the court may, upon the plaintiff's application, permit the correction of the defendant, and the decision to correct the defendant.

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