[건물철거,대지인도][집7민,159]
Confirmation of river area by the river management agency and ownership of private land in such area.
(a) Where a river area has been recognized by the management agency pursuant to Article 11 of the River Decree, land in the previous area where a private person owns shall be nationalized and shall be extinguished, and in such cases, when the land recognized by the river area belongs to the land of the previous registration, the management agency shall, without delay, entrust the registration office with the cancellation of the registration, but the request for the cancellation of the registration shall not be made by the head of the nationalization of the said area;
B. Since a river is a state-owned property, benefits equivalent to the expenses invested in the bank works, which are appurtenances to the river, shall not be deemed to belong to the Do Governor, who is the river management agency, to the State.
Article 1 of the River Age Act, Article 11 of the River Decree, Article 2 of the Enforcement Rule of the River Age Act
Ethical apparatus
Park Sang-chul et al. and three others
Daegu District Court of First Instance, Daegu High Court of Second Instance, etc.
According to Article 1 of the Enforcement Decree of the River Decree, the Minister of Land, Infrastructure and Transport may apply the same age to a specific river, and the scope and procedure applicable mutatis mutandis to the river and the water surface falling under any subparagraph of Article 1 (2) of the Decree may also apply mutatis mutandis to the river and the water surface, and the river area shall be determined by the management agency pursuant to Article 2 of the Enforcement Decree of the same Decree, and if there is an act of confirmation of the river area, land within the previous area owned by a private person shall be nationalized and ownership shall be extinguished. In this case, the management agency shall, without delay, entrust the registration office with cancellation of the registration (see Article 102-3 of the Registration of Real Estate Act), since there is no complaint stating that the request for cancellation of the registration is a nationalization of the said area, and according to the records of this case, the defendant, etc. asserted that the river area of this case is no longer applicable to the river area of this case and that part of the river area of this case shall not be applied mutatis mutandis to the new answer to the decision of the court below that it was established as a new river area.
Justices Byunok-ju (Presiding Justice)