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(영문) 대전지방법원 2016.09.28 2014구합104949

손실보상금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 24, 1996, Plaintiff A completed the registration of ownership transfer based on the cancellation of title trust on April 22, 1996 with respect to 1/2 shares out of C forest land 2,316 square meters (hereinafter “instant land”). Plaintiff B completed the registration of ownership transfer based on the sale on December 27, 2001 with respect to the remaining 1/2 shares out of the instant land on December 27, 2001.

B. There are D (hereinafter “instant reservoir”) around the instant land. Of the instant land, the part of the instant reservoir (b) 1,282 square meters connected each of the points in sequence of 4,5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 26, 25, 17, 18, 19, 20, 21, 22, 23, 24, and 4 shall be used as a bank or an irrigation channel of the instant reservoir (hereinafter “instant bank”).

C. On May 29, 1996, the Boan City announced by Boan City, E, pursuant to Article 3 (2) of the former Small River Maintenance Act (amended by Act No. 6000 of Aug. 31, 1999), designated the reservoir of this case and the river flowing from and flowing from it as a small river and publicly notified it as a small river. On August 20, 2004, under Article 3 (2) of the former Small River Maintenance Act (amended by Act No. 8852 of Feb. 29, 2008), the name of the reservoir of this case and the river flowing from and flowing from the reservoir of this case was changed to "G", and its length was changed to 1,260 meters (long to 10 meters).

The Plaintiffs filed a claim against the Defendant for purchase of the instant land, but the Defendant rejected it and filed an application for adjudication on the claim for expropriation of the instant land with the Chungcheongnam-do Regional Land Expropriation Committee, and on October 27, 2014, the Chungcheongnam-do Local Land Expropriation Committee dismissed the Plaintiffs’ claim on the ground that “the Defendant did not publicly notify the maintenance implementation plan for small rivers under Article 8 of the Small River Maintenance Act in addition to the designation of a small river under Article 3 of the Small River Maintenance Act, so the Plaintiffs did not have the right

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 3.