1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the addition of the judgment on the defendant’s argument in the first instance judgment under Paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

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

A. The Act on Special Measures for the Compensation, etc. for Land Incorporated into a River (hereinafter “Special Measures Act”) is subject to compensation for losses, prior to December 31, 1984, for the land incorporated into a river area, the reservoir, the bank site, and the exclusion site are subject to compensation for losses, and even if Article 2 of the same Act is applied by analogy, it should be incorporated into a river area prior to December 31, 1984, even if it is incorporated into a river area prior to July 19, 1971, or even if Article 2 of the same Act is applied by analogy, it should be incorporated into a river area prior to December 31, 1984. The current status of each land of this case is a park and bank. Since the bank installed above was constructed from around December 199 to 2002, each land of this case cannot be deemed as a land incorporated into a river area prior to December 31, 1984.

Therefore, each land of this case is not subject to compensation for losses.

B. According to Article 2 subparag. 1 and 2 of the Act on Special Measures for Determination, in cases of being incorporated into the detention basin among the river areas prior to the enforcement date of the Act (amended by Act No. 3782, Dec. 31, 1984). Meanwhile, according to Article 2(1)2(b) and (c) and Article 3 of the Act on Special Measures for Determination (amended by Act No. 2292, Jul. 20, 197), a river area naturally becomes a State-owned area pursuant to the provisions of the Act on Special Measures for Determination. However, the Act on Special Measures did not stipulate any explicit compensation provision as to whether the river area was State-owned and excluded before the enforcement date of the Act (amended by Act No. 3782, Dec. 31, 1984).