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(영문) 수원지방법원 2014.10.22 2013구합20234
손실보상금청구의 소
Text

1. The Defendant’s KRW 162,286,00 for the Plaintiff and KRW 5% per annum from November 27, 2013 to October 22, 2014.

Reasons

1. The Plaintiff’s assertion was the owner of B 1,531 square meters of the road B (hereinafter “instant land”). Since the said land was incorporated into a river and owned by the State, the Defendant is obligated to pay compensation for losses to the Plaintiff pursuant to Article 2 of the Act on Special Measures for the Compensation, etc. for Land Incorporated into a river (hereinafter “Special Measures Act”).

2. Determination

A. According to Articles 2(1)2(b) and (c) and 3 of the Act on the Occurrence of Claim for Compensation for Loss (amended by Act No. 2292) of the River Act and Article 2(1)2(b) and (c) of the same Act, the Act on Special Measures does not stipulate an explicit provision on whether the State-owned site and exclusion from the bank were made before the enforcement date of the Act (amended by Act No. 2292) from the enforcement date of the Act (amended by Act No. 3782) (amended by Act No. 3782). However, since the bank site and exclusion area were located along with the river area and State-owned land, the loss suffered by the owner should be compensated and the method of compensation should be excluded from the State-owned land before the enforcement date of the Act. Thus, it is reasonable to apply the Act on Special Measures to the State-owned land and the State-owned land prior to the enforcement date of the Act (amended by Act No. 3782). 292.

(See Supreme Court Decision 201Du2743 Decided August 25, 201). Comprehensively taking account of the following: (a) Nos. 1 and 2 evidence; and (b) the purport of the entire pleadings as a result of fact-finding with respect to the Seoul Regional Land Management Office of this Court, the Plaintiff was an owner who purchased the instant land on December 5, 1952 and completed the registration of ownership transfer on June 30, 1965; (c) the instant land was incorporated into the Han River basin, a national river on the river ledger and the vice-do river on the river ledger prepared in 1978; and (d) the instant land was constructed near the instant land around 1971.

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