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(영문) 서울행정법원 2013.04.26 2012구합8663
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land category was changed to a river on March 7, 1975, and the land category was changed on March 7, 1975, as the 1,230 square meters before Gangnam-gu Seoul was divided into 2,436 square meters before January 7, 1975, and thereafter, the land category was changed to a river on March 7, 1975.

(hereinafter referred to as “instant land”). (b) It does not distinguish between division and land category change, unit conversion, and before and after the change of administrative district.

According to the airline margin of the Korea National Land Geographic Information Institute taken around around 1966, the land in this case is immediately attached to the song River, the principal stream of the Han River at the time.

C. On June 11, 1971, pursuant to Article 7 (1) 4 of the former Land Readjustment Project Act (amended by Act No. 3255 of Jan. 4, 1980), the Minister of Construction and Transportation designated the land of this case as a land readjustment project district of the Seoul Metropolitan Government, the Seoul Special Metropolitan City Mayor, the project implementer, and the head of Seoul Special Metropolitan City, and publicly announced it.

(Construction Division Notice No. 49). Accordingly, the land of this case is entered in the land consolidation and rearrangement project protocol prepared by the defendant in around 1974.

The plaintiff purchased 300/1,986/1,986 of the land of this case from D on April 23, 1974 and completed the registration of ownership transfer on the same day.

E. The appraised value of the instant land is KRW 1,658,601,840, and KRW 829,30,920 when considering the current status of use as “former”.

[Ground of recognition] A without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1, Gap evidence 12-1, Eul evidence 12, Gap evidence 6-1, the video of Gap evidence 6, the result of our court's entrustment of appraisal to appraiser E, the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. The Plaintiff’s land of this case is the enforcement date of the River Act (Act No. 2292, Jul. 20, 1971; hereinafter “the River Act”) from July 20, 1971, which was the enforcement date of the River Act (Act No. 3782, Dec. 31, 1984; hereinafter “the River Act of 1984”).

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