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(영문) 서울행정법원 2018.05.04 2017구합69908
수용재결취소
Text

1. The Defendant’s disposition of adjudication on compensation for losses against the Plaintiffs on May 18, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. F on January 26, 1971, F completed the registration of ownership transfer on the ground of sale on January 21, 1971 with respect to the land of 754 square meters in Songpa-gu Seoul Metropolitan Government (hereinafter “instant land before the instant partition”).

B. On August 19, 1996, the land before the instant partition was changed to the land category and divided into 430 square meters and H river 324 square meters in Songpa-gu Seoul Metropolitan Government G river.

(hereinafter referred to as "each of the above lands divided shall be referred to as "the land" in this case.

The F died on December 23, 2007, and the heir was the Plaintiff A (the heir’s share 3/13) and the Plaintiff B, C, D, E, and Non-Party I (the heir’s share 2/13) succeeded to the corresponding inheritance shares among the land of this case.

Pursuant to Article 8 of the former Enforcement Decree of the River Act (amended by Presidential Decree No. 2522 of May 10, 1966), the first category of Han River, the main stream of which is the J of the Seoul Special Metropolitan City, which was wholly amended by Act No. 5893 of February 8, 1999 after the application of the Seoul Special Metropolitan City, was changed to a local second grade river. As the River Act was wholly amended by Act No. 8338 of April 6, 2007, local first grade river and local second grade river were integrated into a local second grade river.

The section of K was determined from Seongdong-gu Seoul Metropolitan Government L and M to the Han River-Corpon point (type point) in Gyeonggi-do M, and announced it.

E. The instant land refers to the land on the side of the river heart from the bank that is currently excluded from K to the bank of the river heart.

have become a chapter.

F. On October 2016, the Plaintiffs requested consultations on compensation for losses under the River Act on the grounds that the instant land was incorporated into a river area pursuant to Article 76(2) of the River Act and its use and profit-making is restricted. However, the Plaintiffs were urged by the head of Songpa-gu Seoul Metropolitan Government on November 15, 2016 to the effect that the compensation for losses is not possible.

G. On March 9, 2017, the Plaintiffs filed an application with the Defendant for adjudication on compensation for losses.

On May 18, 2017, the defendant's right to claim compensation for losses against the plaintiffs on May 18, 2017 is annexed to the River Act.

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