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(영문) 수원지방법원 2017.04.20 2016구합67241
재결처분취소
Text

1. The plaintiff's action against the Central Land Expropriation Committee shall be dismissed.

2. The plaintiff's defendant Gyeonggi-do.

Reasons

1. Basic facts

A. On March 1, 1965, the land of this case (hereinafter “instant land”) was designated and publicly announced as D’s river area (hereinafter “instant public notification”) which is a local second-class river (local first-class river and local second-class river are managed as a local river as it was wholly amended by Act No. 838, Apr. 6, 2007) as a public announcement of Gyeonggi-do on March 1, 1965.

B. The Plaintiff completed the registration of ownership transfer on January 21, 1986 on the instant land based on sale on January 16, 1986.

C. Since the Plaintiff’s land was incorporated as a river area and the exercise of rights to use and benefit therefrom was restricted, the Plaintiff filed a request with the competent Mayor of Ansan-do to compensate for the loss, but failed to reach an agreement.

Accordingly, the plaintiff filed an application for adjudication with the Central Land Expropriation Committee, and the Central Land Expropriation Committee was incorporated into a river area and managed in accordance with the basic plan for river management, and the adjudication was rendered to dismiss the plaintiff's application for adjudication on the ground that the disposition, restriction or river work under Article 75 of the River Act was not performed.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and 8 (including the number with each number), the purport of the whole pleadings

2. The summary of the cause of the Plaintiff’s claim asserts that the Defendant Gyeonggi-do, who dismissed the Plaintiff’s application for adjudication, is liable to compensate the Plaintiff for damages on the ground that the Plaintiff suffered losses due to the instant public notice, which designated the instant land as the river area, and that Defendant Gyeonggi-do is liable to compensate the Plaintiff for losses.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination as to the defense before the merits.

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