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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion was the owner of B, Mapo-gu, Seoul, B, 243.2 square meters and C, 67.5 square meters (hereinafter “instant land”). The Defendant occupied and used the instant land owned by the Plaintiff on June 13, 2014 prior to the acquisition of the public land by consultation, and thus, the Defendant is obligated to return the amount equivalent to KRW 103,113,100 as a result of unjust enrichment from July 10, 201 to June 12, 2014.
2. Determination
A. Article 2 (Definition of Terms) (1) of the former River Act (amended by Act No. 2292 of Jan. 19, 1971 and amended by Act No. 3406 of Mar. 31, 1981; hereinafter “former River Act”) related regulations (hereinafter “former River Act”) 1 The definitions of terms used in this Act are as follows.
1. The term “river” means a river closely related to public interests, whose name and section are designated by the Presidential Decree;
2. The term “river area” means any area referred to in the following items:
Land and topography on which the flowing water of a river is continuously flowing, and the area of land (excluding land where the situation is temporarily shown by large floods or other natural phenomena) on which the flowing water of a river is shown at least once a year as part of the impact on the flowing water of a river in the said land by the beginning, vegetation, and other conditions of the said land.
(b) Land area which is a site of river appurtenances;
(c) In a place where a bank (limited to a river management agency or the person who has obtained permission or delegation thereof) exists, the excluded land (referring to the land on the side of a river from the bank) or the area of similar land designated by the management agency shall belong to the State;
Article 11 (Management Agency) Rivers shall be managed by the Minister of Construction and Transportation.
Rivers designated by the Presidential Decree shall be managed by the competent Do governor.
B. According to Article 2(1)2(c) of the former River Act, where a bank installed by the management agency is located.