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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
A. The Plaintiff asserted that the Gyeonggi-do Governor, a river management agency, incorporated the land of this case into a river area in accordance with the basic river plan in 1994, the Gyeonggi-do Governor, the Gyeonggi-do Governor, pursuant to Article 74(2) of the former River Act (amended by Act No. 5453, Dec. 13, 1997); however, the Gyeonggi-do Governor rejected the Plaintiff’s agreement on compensation for losses on the land of this case.
B. Accordingly, the Plaintiff filed an application with the Defendant for a ruling against the Gyeonggi-do Governor to compensate the Defendant for losses equivalent to the land rent for the part incorporated into a river area among the instant land, and to request the purchase of the instant land pursuant to Article 79 of the former River Act (amended by Act No. 13808, Jan. 19, 2016).
C. On July 16, 2015, the Defendant dismissed the Plaintiff’s application for adjudication on the ground that “the Plaintiff purchased the instant land at the auction on April 14, 2009, the Plaintiff cannot be deemed to have suffered any loss because it is impossible to verify the fact that the Defendant newly performed river works after acquiring the ownership of the instant land, and the Plaintiff’s claim for purchase under Article 79 of the former River Act (amended by Act No. 13808, Jan. 19, 2016) is a matter to be determined by the river management agency in accordance with the relevant Acts and subordinate statutes, and thus does not fall under the Defendant’s adjudication under Article 50(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).
(hereinafter referred to as “instant adjudication”). [Ground of recognition] A without dispute, entry of evidence No. 1, and purport of the entire pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. Although the Governor of the Gyeonggi-do is obligated to compensate the Plaintiff for the instant land in accordance with the relevant statutes, he/she refuses to compensate the Plaintiff for the damages.