손실보상금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42
2. The part of the additional judgment (the judgment as to the part emphasizing by the plaintiff again in the trial)
A. According to the gist of the plaintiffs' assertion, the defendant designated the land of this case as a small river area around 1996, and then removed the forest trees on the bank of this case between around 2000 and around 200, repaired the bank in the same state as the present, and constructed concrete beams and waterways.
Therefore, pursuant to Article 24 (1) of the Small River Maintenance Act, the defendant has a duty to compensate for the plaintiffs' losses (such as the exercise of ownership and the obstruction of occupancy use).
B. According to the statements or images of evidence Nos. 14-1 to 4, 15, and 18, it can be acknowledged that as part of the flood damage restoration work between around 1996 and around 2000, the forest trees of the part of the instant bank were removed, and that part of the said work was performed by the civil engineering work using concrete, stones, etc.
However, Article 24(1) of the former Small River Maintenance Act (amended by Act No. 13919, Jan. 27, 2016) provides that “If a person suffers a loss due to the maintenance of a small river according to an implementation plan, a disposition or order by a management agency under Article 18, a disposition or order by a Mayor/Do Governor under Article 19(2), or a disposition or order by a Mayor/Do Governor under Article 19(2), the management agency shall compensate for the loss.” As such, not only the designation and public announcement of a small river has been made, but also the small river maintenance should have been made, such as the construction of the bank in this case.”