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(영문) 수원지방법원 2014.01.16 2011구합12680

손실보상금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that B river 2,469 square meters, CY 2,142 square meters, D river 96 square meters, E-river 3,226 square meters, F 281 square meters, G ditches 425 square meters, G ditch 2,237 square meters, I river 2,440 square meters, J river 102 square meters, and K river 61 square meters, and the above A is not a mere administrative district, but a non-corporate group within the administrative district, and each land is owned by the Plaintiff. Since each land of this case belongs to the State as a river area of Ycheon-si, which is a national river, the Defendant is obligated to pay compensation for losses due to the incorporation into a river area in accordance with the Act on Special Measures for the Compensation, etc. for Land Incorporated into a River.

2. Determination on this safety defense

A. It is difficult to regard the Plaintiff as a non-corporate association because it is unable to trust the rules of the Plaintiff’s main defense or the list of members present at the residents’ general meeting, etc., and it is also difficult to regard the Plaintiff as a non-corporate association. Moreover, the instant lawsuit cannot be deemed to have been instituted through a legitimate resolution of the

B. (1) Determination is that an unincorporated association or foundation may become a party to a civil lawsuit if it is a representative or manager of a non-corporate association or foundation. Thus, if a natural village is a social organization that employs a decision-making body and an executive body, with its own inherent purpose and employs a representative as its executive body, it shall be deemed that it has the ability to exercise the right as a non-corporate group (see, e.g., Supreme Court Decisions 2006Da64573, Jul. 26, 2007; 2005Da60871, Jan. 31, 2008; 2005Da60871, Jan. 31, 2008; 2,18, 222, 23, and 333, and the overall purport of the arguments for fact-finding on the head of Pakistan-si branch of this court, the Plaintiff was transferred to the Maju-gun, 1914, and Qu11.