손실보상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The land prior to the subdivision of each land listed in the separate sheet of the Plaintiff’s assertion (hereinafter “each land of this case”) was owned by B, the Plaintiff’s siblings.
The Republic of Korea purchased each of the above land in accordance with the former Farmland Reform Act (repealed by Act No. 4817 of Dec. 22, 1994, Article 2 subparagraph 1 of the Addenda to the Farmland Act, hereinafter the same), but each of the above land was distributed.
Since there is no evidence to deem that the payment of farmland price and the registration thereof have been completed within three years from the date of enforcement of the Farmland Act, the land is ultimately deemed to have been reverted to the Plaintiff, who is the heir of B, the original owner due to the cancellation of the purchase measures by the State
On the other hand, each of the instant lands was incorporated into the Han River basin which is a national river pursuant to the former River Act (wholly amended by Act No. 2292, Jan. 19, 1971) and owned by the State, and thus, the Defendant, a river management agency, is obligated to pay the Plaintiff, a heir of B, compensation for losses arising from the incorporation of each of the instant land into the river area in accordance with the Act on Special Measures
2. We examine whether each of the instant lands is owned by B, the Plaintiff’s punishment.
According to the statement No. 1 (including the virtual number), B, who has a domicile in Jongno-gu Seoul Metropolitan Government, has received one sheet of land price securities from the Republic of Korea (Seoul Metropolitan Government No. 2783) at the time of farmland reform, and the above B, may recognize the fact that the land price payment order related to farmland distribution, the land price statement, the application for land price settlement, the application for the issuance of land price settlement, and the farmland bond collection card of Eup/Myeon, or the farmer of farmland on the farmland bond collection card of Eup/Myeon, is registered as
However, even if documents prepared in the course of farmland distribution under the former Farmland Reform Act are recorded as props or victims, they are not presumed to have ownership under substantive law (see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 1995). It is not presumed that the government has ownership under the former Farmland Reform Act.