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(영문) 수원지방법원 2016.04.08 2015구합68117
보상금증액 청구의 소
Text

1. The Defendant’s KRW 27,327,50 for the Plaintiff and KRW 5% per annum from July 9, 2014 to April 8, 2016.

Reasons

1. Basic facts

A. The Plaintiff owned 1/2 shares in B river B in Gwangju City and 1/2 shares in C river C in Gwangju City (hereinafter “each of the instant land”).

B. Each land of this case is marked as a river area in the Gyeongcheon River basin in the Hancheon River Ledger (Cheongcheon, Dosan River, Gyeongcheon) dated December 1983, and is marked as a place where the two punishments constructed in around 1973 and around 1974 were located in the Gyeongcheon River basin including each land of this case.

Each of the lands of this case is written as the Han River basin in the Gyeongan River Ledger prepared on December 12, 1998.

C. Each of the instant lands is currently used as a reservoir, bank, etc.

In accordance with Article 5 of the Act on Special Measures for the Compensation, etc. for Land Incorporated into Rivers on July 8, 2014 (hereinafter referred to as the "River Incorporated Land Compensation Act"), the Gwangju City announced the compensation plan for the owners of land incorporated into rivers, which was incorporated into the Gyeongcheon which is a national river before December 31, 1984 and did not receive compensation due to the expiration of the statute of limitations of the right to claim compensation (D public announcement at the time of Gwangju).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, 13, 16, 17, and the purport of the whole pleadings

2. The assertion and judgment

A. Since each of the lands of this case, which was owned by the Plaintiff, is nationalized as it was incorporated into the Gyeongcheon River basin, which is a national river, the Defendant is obligated to pay the Plaintiff compensation for losses incurred by incorporation of each of the lands of this case into the river in accordance with the River Acquisition Compensation Act.

B. In the case of a reservoir of the first related legal doctrine regarding the occurrence of a claim for compensation, if a river area is designated before the enforcement date of the amended Act of the River Act of 1971 from the enforcement date of the River Act of 1984, and is nationalized, Article 2 subparag. 2 of the Act on the Compensation for Land Incorporated into the River

On the other hand, the bank site is the enforcement date of the River Act in 1971.

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