logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.08.24 2014두46966
손실보상금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the assertion of performance to quasi-Possessor of the claim

A. Article 2(1) of the Addenda of the River Act (Act No. 3782) provides that the management agency shall compensate for the loss of the land which became a river area due to the river basin before December 31, 1984, the enforcement date of the amended River Act (Act No. 3782), and the land which was excluded from the State due to the enforcement of the former River Act (Act No. 2292, Jan. 19, 1971). Article 2 of the Act on the Special Measures for the Compensation, etc. for Land Incorporated into a River provides that the management agency shall compensate for the loss of the land, and Article 2 of the Act on the Compensation for Land Incorporated into a River (Act No. 3782, Jan. 19, 197; hereinafter referred to as the "Act") shall compensate for the loss of the land, if the claim for compensation is extinguished due to the expiration of the extinctive prescription period under Article 3 of the Act on the Special Measures for the Compensation for Land Incorporated into a River in any of the following subparagraphs:

The right to claim for compensation for losses under the above provisions is a state-owned property under the former provisions of the River Act itself, but no compensation provision exists or a claim for compensation has expired due to the lapse of the statute of limitations. The State's legal nature is the right under public law, which does not differ from the right to claim for compensation for losses due to the incorporation into a river area from the original point of view of reflective consideration and the protection of citizens' rights.

(See Supreme Court en banc Decision 2004Da6207 Decided May 18, 2006, see Supreme Court en banc Decision 2004Da6207 decided May 18, 2006).

arrow