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(영문) 서울고등법원 2016.10.07 2015누52731
손실보상금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Plaintiffs G and H.

Reasons

1. Grounds for the court's explanation of the instant case by the court of first instance concerning this case are as follows: (1) Whether the land is subject to compensation for losses (the time of incorporation into a river area)

2. Whether the land has been disposed of to another person before the claim for compensation occurs;

3. The reasoning of the judgment of the court of first instance is the same as that of the judgment, except for adding a judgment on the prescriptive acquisition, and thus, the same shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

2. Judgment on the defendant's argument of the trial

A. According to the fact-finding conducted on each of the instant lands by the court of first instance (the time of incorporation into a river area) and the Seoul Regional Land Management Office of this court, the fact-finding conducted on March 7, 1979 that each of the instant lands was first designated and publicly announced as a river area of Han River as a national river pursuant to the Han River Maintenance Master Plan of the Han River on March 7, 1979 (the Ministry of Construction and Transportation on December 12, 1978), and the fact-finding that each of the instant lands at the time was clearly included in a river area or a predetermined river land pursuant to Article

Therefore, it is reasonable to deem that each of the instant lands was owned by the State as it was incorporated into the Han River basin before December 31, 1984, which was the enforcement date of the amended River Act, among the River Act Act (Act No. 3782), and therefore, Article 2 of the Act on Special Measures shall be applied or applied by analogy, thereby subject to compensation for losses

We cannot accept the other defendant's argument on this premise.

B. In the absence of counter-proofs, such as the change of the situation by the adjudication, a person registered in the Land Survey Book as an owner of the land prior to the occurrence of the claim for compensation shall be presumed to have acquired the land in a timely manner by considering the circumstance as the owner, and the presumption of registration of preservation of ownership shall be deemed to have been determined by a person other than the title holder of the preservation registration.

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