The designation of a river area under the River Act and the time when the private rights on land have been extinguished.

The so-called "river" to which Article 2 of the former River Act (Act No. 892 of Dec. 30, 61) is applicable is designated by the management agency as a river area under Article 12 of the same Act, and the ownership or other private rights to the designated land is extinguished and reverted to the State, but the so-called "river" to which Article 9 of the same Act applies mutatis mutandis under the same Act shall not be naturally extinguished, even if the above procedure is applied mutatis mutandis.

Article 2 of the River Act, Article 4 of the River Act, Article 62 of the River Act, Article 9 of the River Act, Article 12 of the River Act, Article 8 of the Enforcement Decree of the same Act

The Hongduk case

Jeongpy et al. and 10 others

Daejeon District Court Decision 62Na384 delivered on September 5, 1963

the original judgment shall be reversed.

The case shall be remanded to the Daejeon District Court Panel Division.

We examine the Plaintiff’s ground of appeal.

(1) The gist of the grounds of appeal No. 1 and No. 2 of the River Act is that the court below purchased the forest land from 1955 to 2, and the land incorporated into Daejeon Special Metropolitan City subject to Article 2 of the River Act (Ordinance No. 1,225 of the Decree No. 1, Apr. 1, 1963, and the name of the river and the designation of the section of the Geum River basin, which belong to the river basin No. 1,250, Apr. 1, 1963 (No. 1, No. 256), and the land was purchased from 4,000 to 1,000,000, which is a public river area No. 4,000, which is a mandatory provision of the River Act. The court below's decision that "No. 2,000,000, which is a public river area No. 1 and no. 4,000,000,000) shall belong to the competent river management authority."

Therefore, it is difficult to find out that the court below's decision to designate a river area as a quasi-river area or a quasi-river area as a quasi-river area is not yet applicable to the non-party 2, because it is the name of the river and its section to which the River Act applies, despite the fact that the non-party 2 was not applicable to the non-party 5, and it is not applicable to the non-party 2, the court below's decision to designate a quasi-river area as a quasi-river area as a quasi-river area as a quasi-river area as a quasi-river area as a quasi-river area as a quasi-river area as the non-party 4, and thus, it is difficult to find that the court below's decision to recognize that the non-party 2, as a quasi-river area as a quasi-river area, should be applied mutatis mutandis to the non-party 5, and thus, it should be interpreted that the non-party 4, as a non-party 2, as a non-party 4, as a new river area.

(2) As to the ground of appeal No. 3, the court below found that the entire forest area of this case was designated as a river, but it can be recognized that part of this case is not a river according to a certified copy of the land cadastre and the correction statement of the witness scarcity, but it is also erroneous for the court below to have judged that it was incorporated into a river for the entire forest area.

Therefore, according to the copy of the land ledger attached to the Dop-to-face, the land category No. 459, 1,2, 459, was written into a river, and the 3035, 459, 3035, 3035, 459, was written into a river, and according to the witness's correction statement attached to the record, 195, 195, 195, among the land in the 459, 459, 459, 459, was not incorporated into a river, and was incorporated into a river. However, the court below did not err in failing to exhaust all necessary deliberation, even if it was found that the entire forest was incorporated into a river.

Therefore, the original judgment is to be reversed on the ground that it is unfair, and this case is recognized that the original judgment needs to be deliberated and judged again, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Hong Ma-min (Presiding Justice)