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(영문) 서울행정법원 2013.10.10 2012구합27619
하천보상금지급
Text

1. The Defendant: (a) KRW 325,658,102 for the Plaintiff A, and KRW 976,974,306 for the Plaintiff E, and KRW 976,974,306 for the Plaintiff B and D.

Reasons

1. Basic facts

A. Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “Seoul”) owned KRW 975 (hereinafter “the land before division”) and died on March 31, 1972, and the Plaintiffs succeeded to it. The shares of Plaintiff A were 2/7, the shares of Plaintiff B, and Plaintiff E were 3/7. The shares of Plaintiff E were 3/7.

B. The land before subdivision was divided into seven hundred and seventy-one Ga-gu Seoul, Seongdong-gu and twenty-four Ga-dong, Seongdong-gu, Seoul (hereinafter “instant land”). The land category of the instant land was changed to a river on March 7, 1975.

C. On June 24, 1975, at the request of subrogation of the Republic of Korea, a subdivision registration has been made with respect to the land before subdivision. While there was a divided registry with respect to the land of this case on June 28, 1975, a new registry was established with respect to the land of this case where the land category was a river, and the Republic of Korea made registration of preservation of ownership on the same day.

On August 30, 200, the Defendant publicly announced a protocol of land to be incorporated into a river in accordance with the Act on Special Measures for the Compensation for Land incorporated into a River Area, the expiration of the extinctive prescription of the right to claim compensation under Article 2 of the Addenda to the amended River Act (Act No. 3782). Although the instant land was registered on it, the compensation for losses incurred by the incorporation into a river area was not paid.

[Ground of recognition] Unsatisfy, Gap evidence 1, 10 evidence, Gap evidence 2, 3, and 4 evidence 1, 2 each, and 4 evidence, the response result of the fact inquiry by the head of Songpa-gu Office about the fact inquiry by the Korean court, the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. (1) The plaintiffs' assertion (1) since the land in this case was incorporated into a river area after the enforcement of the former River Act (Act No. 2292 of January 19, 1971), and the Republic of Korea acquired ownership, the defendant shall pay compensation for losses under the Act on Special Measures for Compensation for Land incorporated into a River to the plaintiffs who were the owners at the time of incorporation into a river (hereinafter "Special Measures Act").

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