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(영문) 서울행정법원 2015.03.20 2013구합64981
하천편입토지보상금 청구의소
Text

1. The Defendant’s KRW 253,60,056 for the Plaintiff and KRW 5% per annum from September 12, 2014 to March 20, 2015 for the Plaintiff.

Reasons

1. The background of incorporation of the land in this case into river;

A. On November 12, 1966, the Plaintiff purchased from the pre-owner of Seongdong-gu Seoul Special Metropolitan CityB Forest Land 488 square meters (hereinafter “sub-divided Land”) and paid for the registration of ownership transfer in its name on December 29, 1966.

B. After the land category was changed to a river on September 2, 1970, the land before subdivision was divided into the Seoul Dong-gu Seoul Metropolitan Government 279 square meters and 379 square meters and 109 square meters. The C river 109 square meters was converted into the C river 360 square meters (hereinafter “this case’s land”).

C. On January 31, 1976, the register in the Plaintiff’s name was closed and the ownership was transferred to the Republic of Korea after stating “the ownership was transferred to the Defendant on September 28, 1978” in the existing register of the instant land.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion was made on July 20, 1971, when the former River Act (amended by Act No. 2292, Jan. 19, 1971; hereinafter “River Act”) was enforced, and owned by the State on July 20, 1971, when it was transferred to the Han River site which is a national river, and thus, the Defendant was under the Act on Special Measures for the Compensation, etc. for Land Incorporated into Rivers.

Accordingly, the appraisal value of the instant land shall be paid to the Plaintiff as compensation for losses.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. According to Article 6(1) of the Act on Special Measures for the Occurrence of Compensation for Loss, the appraisal of compensation shall be based on the price on the date when the procedure for claiming compensation is notified or announced in accordance with Article 5. However, the land category and land use status at the time of incorporation, restrictions under the public law on the pertinent land, current land use status, and arm’s length price of neighboring land similar thereto, etc. as presented as the basis for assessment are in conflict with the current land use condition at the time of incorporation.

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