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(영문) 서울고등법원 2017.08.22 2017누53288
손실보상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Each land listed on the Plaintiff’s assertion in the attached list of real estate (hereinafter “instant land”) was owned by the Plaintiff’s headquarters I (hereinafter “the deceased”), and was transferred to J, a national river, thereby constituting a state-owned land.

Therefore, in cases falling under any of the following subparagraphs of Article 2 (Scope of Application) of the Act on Special Measures for the Compensation for Land Incorporated into River in accordance with the consultation on division of inherited property, when the claim for compensation is extinguished due to the expiration of the extinctive prescription under Article 3 of the Act on Special Measures for the Compensation for Land Incorporated into River Area, the Defendant shall compensate the Plaintiff who solely inherited the instant land for such loss.

1. Where the land becomes a river area under Article 2 (1) 2 (a) of the River Act before the Act on the Amendment of Act No. 2292 enters into force;

2. Where a piece of land becomes a river area because it falls under Article 2 (1) 2 (a) of the amended River Act (Act No. 3782) before the enforcement date of the amended Act among the River Act (Act No. 3782) and Article 2 (1) 2 (a) of the amended Act;

3. Where any land on the side of a river was owned by the State, due to the enforcement of an Act amended by Act No. 2292;

4. Where land or bank site on the part of a river was owned by the State before the enforcement date of the River Act (Act No. 892), the River Act (Act No. 2292) enters into force, and the amended Act (Act No. 2292), the person is obligated to pay compensation for losses for the land in this case (applicable or analogical application).

2. Determination:

A. The Plaintiff’s claim is premised on the premise that the instant land was owned by the Deceased at the time of incorporation into the river area. Therefore, in light of the following facts and circumstances, the Plaintiff’s claim first can be acknowledged by comprehensively taking into account the entries as to this case’s land and evidence Nos. 4 and 7, and the overall purport of the pleadings as to party members.

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