1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant, on March 1, 1965, announced the Gyeonggi-do Public Notice No. 3148 on March 1, 1965, determined the Wangcheon-si as a river to which it applied mutatis mutandis, and on the Namyang-si B river No. 1,117 square meters (hereinafter “instant land”) stated that the river register prepared around October 1984 was incorporated into the river area of Wangcheon-do.

B. On March 20, 2007, the Plaintiff filed a claim against the Republic of Korea for cancellation of registration of preservation of ownership on April 28, 2009, and ordered the Republic of Korea to cancel registration of preservation of ownership on the instant land to the Plaintiff on December 31, 1974 (Seoul Central District Court Decision 2007Da90584, 2008Na31132). Accordingly, the Plaintiff completed registration of preservation of ownership on the instant land on May 22, 2012.

C. On January 12, 2016, the Plaintiff filed an application with the Central Land Expropriation Committee for adjudication claiming compensation for losses due to restrictions on the exercise of rights to use and benefit from the instant land, on the grounds that the instant land was incorporated into the river area of private river, which is a local river. The Central Land Expropriation Committee dismissed the instant land on March 24, 2016 on the grounds that the claim for compensation became extinct due to the completion of prescription.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was incorporated into the private river area of private river, which is a reservoir in around 1985, and the Defendant is obligated to pay compensation for losses to the Plaintiff pursuant to Article 74(2) of the former River Act (amended by Act No. 4161 of Dec. 30, 1989).

B. The Defendant’s claim for compensation for losses under Article 74 of the former River Act can only be made by means of an adjudication by the competent Land Tribunal or an administrative litigation against the said adjudication, and the direct river management agency.