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(영문) 대전지방법원 2017.01.18 2016구합102114
손실보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owns a road B 867 square meters (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the instant land is adjacent to C.

B. C is a local river managed by the Chungcheong Do governor as a river management agency, and the Chungcheong Do governor published the river maintenance master plan as D on July 11, 2005, and included the instant land in C’s river area.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 4, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant land was incorporated into the river area of C was prohibited from exercising any right on the instant land. Since it is apparent that the Defendant had completed river works for the instant land or had publicly notified the river works plan, the Defendant is obliged to pay compensation to the Plaintiff pursuant to the River Act and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

The reasonable compensation for the instant land shall be based on the land price of 89,300, 272,600, and 180,950, and 180,000, an average of 272,600, and 200,000,000 square meters of the officially announced land price of the instant land located in the vicinity of the instant land. Therefore, the Defendant is obligated to pay to the Plaintiff 156,883,650 won (=180,950,000 square meters x 867,00

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Article 76 (1) of the River Act shall apply to a person who has suffered loss due to a disposition or restriction under Article 75 of the River Act, or to a river management agency, or to a person who has suffered loss due to a river work executed by the Minister of Land, Infrastructure and Transport or construction work conducted by the Minister of Land, Infrastructure and Transport, to a disposition or construction work conducted by the National Treasury, and to a relevant City/Do to compensate

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