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(영문) 서울행정법원 2017.12.22 2017구합69984
손실보상금
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

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. 5893, Feb. 8, 1999 by the River Act, which was wholly amended by Act No. 5893, Apr. 13, 1966, the said river was converted to a local second-class river. As the River Act was wholly amended by Act No. 8338, Apr. 6, 2007, local first-class river and local second-class river were integrated into a local river. The instant land was designated and announced as a local river. The Defendant registered the instant land as a river area and managed the instant land as a river area by registering it in the river ledger around December 200. 1) M, N, Plaintiff E, F, G, H, I, I, and J requested the Mayor of Seoul Special Metropolitan City to compensate for property losses incurred in the instant land due to its incorporation into a river, but it did not reach an agreement with the Central Land Expropriation Committee.

2. As a result, the Central Land Tribunal reads aerial photography taken by the National Land Information Institute on July 2, 2010 in 1966, it is confirmed that the land in this case 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, the land owners of this case who were the original reservoir due to the implementation of designation of a local river on the second-class local river, which was the cause of incorporation into a river area, suffered any damage.

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