logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.12 2017가단522125
손실보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion is the cause of the instant lawsuit, and the Defendant, a river management agency, incorporated the instant land owned by the Plaintiff into a local river in the local river planning line, constructed and reinforced a bank, and used and profit-making the bank, but neglected to pay compensation and fees to the Plaintiff, thereby incurring property loss. Thus, the Defendant is obligated to compensate the Plaintiff for the said loss.

2. In light of the determination as to the legitimacy of a lawsuit, where the land of this case was incorporated into a river area as alleged by the plaintiff, even if the plaintiff suffered losses due to the restriction on the exercise of a private right to use and benefit therefrom, the landowner who suffered losses shall consult with the river management agency pursuant to the provisions of the River Act, and if the consultation is not reached or it is impossible to hold such consultation, the landowner who suffered losses may immediately obtain the compensation for losses according to the result of an administrative litigation against the competent Land Tribunal by filing an application for adjudication with the competent Land Tribunal, and may not claim the compensation for losses by civil litigation against the directly river management agency.

(1) The Plaintiff’s lawsuit of this case seeking compensation for losses through a civil lawsuit is unlawful as it seeks matters that are not subject to civil lawsuit, which are not the subject of civil lawsuit.

3. Conclusion

arrow