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(영문) 수원지방법원 2015.01.23 2013구합16372
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. On June 19, 1990, the land of this case was designated and publicly announced as the river area of Ycheon-gu, Gyeonggi-do (hereinafter “instant land”) which is a local second-class river (a local first-class river and a local second-class river are being managed as a local river, as the river was amended on April 7, 2008 and the local second-class river was integrated into a local river).

B. On December 7, 199, the Plaintiff acquired the instant land in a voluntary auction procedure, and completed the registration of ownership transfer on March 4, 200.

C. The instant land is currently being used as rivers, bicycle roads, embankments, banks, and poles.

On April 12, 2010, the Plaintiff filed a claim for compensation for the unclaimed land for the instant land with Yangyang City Mayor, and on April 12, 2010, Yangyang Mayor sent a reply to the effect that “The instant land constitutes the subject of compensation for the unclaimed land, and thus, the time of compensation for the scheduled compensation after consultation with the Defendant, which is the management agency, or the limited budget requires a considerable period of time ( several years).”

E. On May 2014, the Plaintiff filed a civil petition with the Defendant to request the Defendant to pay the compensation for the instant land as soon as possible, and on May 29, 2014, the Defendant sent a reply to the effect that “The Defendant is making every effort to recognize the urgency of the compensation for river land, and secure the budget, but the compensation is delayed due to financial deterioration, etc.” and that the compensation is being delayed. The Plaintiff sent a reply to the effect that “The Defendant will do his best to pay the compensation within the earlier time.”

F. On June 16, 2014, the Plaintiff filed a petition with the Defendant for the adjudication on compensation for the instant land, and the Defendant respondeded on June 18, 201 to the effect that the compensation for the non-river site is not subject to adjudication.

[Grounds for recognition] The number of evidence Nos. 1 through 7 is available.

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