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(영문) 서울행정법원 2017.06.16 2016구합82393
손실보상재결취소청구
Text

1. On November 10, 2016, the Defendant’s ruling dismissing an application for adjudication on compensation for losses rendered to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of ruling;

A. 1) The land ownership relationship, etc. of the instant case is 969 square meters (hereinafter “instant land”) prior to Songpa-gu Seoul Metropolitan Government K.

On May 15, 1981, with respect to 2/5 shares, the registration of each ownership transfer was made in the MM on November 7, 1989 with respect to 3/5 shares. 2) L has died on August 25, 1996 and succeeded to the property rights of Plaintiffs E, F, G, H, I, and J, who are their wife N and children, and N has died on August 21, 2012 and succeeded to the said rights.

M deceased on February 9, 2010, and the plaintiff B, C, and D, his wife, succeeded to their property rights.

3) The instant land was wholly amended by Act No. 952 of February 8, 1999, which was wholly amended by Act No. 5893, Feb. 8, 1999, as the River Act, which was wholly amended by Act No. 952, Apr. 13, 1966, and was wholly amended by Act No. 8338, Apr. 6, 2007, local first-class rivers and local second-class rivers were integrated into local rivers. The instant land was designated and publicly announced as a river area in India. After the Seoul Special Metropolitan City was designated and publicly announced as a river area, the instant land was registered in the river register and managed as a river area around December 2, 200. (2) M, N, Plaintiff, EF, G, H, I, and J filed a request with the Seoul Special Metropolitan City Mayor to compensate the Defendant for losses incurred in the use of the instant land due to the incorporation of the instant land into the river.

2. As a result of the reading of aerial photography taken on July 2, 2010 by the National Land Information Institute in 1966, the Defendant confirmed that the instant land was a reservoir at the time of designation as a river area and that there was almost little change in the river topographical map. Therefore, it is deemed that the instant land owner, which was the original reservoir due to the incorporation into a river area, suffered any damage due to the implementation of the designation of a local river on the ground of local second-class river or bank construction.

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