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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff acquired ownership at a successful bid on April 8, 1987, when C completed the registration of ownership transfer due to the completion of reimbursement from the Republic of Korea under the Farmland Reform Act, which was enforced on September 9, 1967.
B. On March 1, 1965, the Governor of the Gyeonggi-do publicly announced the section and name of the Heavy River (local class II rivers) in accordance with Article 8(1) and (2) of the Enforcement Decree of the River Act, which was in force at the time of Gyeonggi-do’s public announcement, was designated and announced by the Governor of the Gyeonggi-do, and the Defendant, while implementing the repair work of the 1968 YTN, included the land before subdivision into the river area of the
C. The land before subdivision was originally classified as a land category on April 11, 1968, but the land category was changed to a site on May 11, 1969, which was incorporated into a river area as above, and the land category was changed to a river on May 11, 1969. As a result, due to the division, B river B (363m2, D river 454m2, E river 594m2, and F river 356m2 (the above 4m2 was referred to as “instant land”).
On April 20, 2001, the Plaintiff filed an application for adjudication against the Central Land Expropriation Committee (hereinafter referred to as the “Central Land Expropriation Committee”) for the payment of compensation equivalent to the land rent that the Plaintiff would incur as a river management authority due to the Gyeonggi-do Governor’s occupation and use of the instant land.
Accordingly, on September 18, 201, the Central Land Tribunal decided to compensate the Plaintiff for damages equivalent to the usage fees of the pertinent land from April 22, 1996 to April 21, 2001 by calculating the arithmetic mean of the appraisal results of two appraisal appraisal institutions by deeming the current status of the land as at the time when it was incorporated into the Heavy River (hereinafter “instant adjudication”).
E. After that, the Plaintiff is again incorporated into the Central Telecommunication with respect to China.