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(영문) 대법원 2015.07.09 2013두3658
손실보상금
Text

All appeals are dismissed.

The costs of appeal shall be borne by independent parties intervenors.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

(a) A person registered in the Land Survey Book as a landowner is presumed to have become final and conclusive in view of the circumstance, unless there is any counter-proof such as the change in the situation by an adjudication, etc., and the presumption of registration of preservation of ownership is broken if a person other than the title holder is found to have received the assessment of the land in question.

However, even if there are circumstances in which the land was disposed of to another person before being transferred to the river area, it cannot be deemed that there is a claim for compensation for loss due to the transfer of the land into the river area.

Meanwhile, Article 2 subparag. 1 of the former Land Conservation Rule (Ordinance No. 45 of the Ministry of Maritime Affairs, Apr. 25, 1914) provides that “no matter concerning the transfer of ownership shall be registered on the land cadastre unless there is a notification of registration management: Provided, That this shall not apply in cases where ownership is transferred due to the non-fluoring exchange, transfer, or expropriation of unregistered land, or unregistered land, or where unregistered land becomes a State-owned property.” Thus, the entry of ownership on the former land cadastre cannot be deemed to have been made by a public official’s notification pursuant to the above provision. In the case of the proviso of the above provision, the fact of transfer of ownership can be confirmed in the country that manages the land cadastre by itself, so even if there is no notification of the public official’s ownership transfer, it shall be deemed that the ownership transfer can be registered on the land cadastre register even if there is no notification of the public official’s ownership transfer. Thus, if unregistered land on the former land cadastre is registered as a “state”, barring any special circumstance (see, e.g.

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