1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 1, 1965, the land of this case (hereinafter “instant land”) was designated and publicly announced as D’s river area, which is a local second-class river (the entire River Act was amended by Act No. 8338, Apr. 6, 2007; local first-class river and local second-class river are integrated into a local river) as a public announcement of Gyeonggi-do on March 1, 1965.

B. On January 21, 1986, the Plaintiff completed the registration of ownership transfer for the land of this case on January 16, 1986.

C. On July 29, 2013, the Plaintiff filed a claim for compensation for the unclaimed land for the instant land with the Ansan Mayor. On March 10, 2015, the Ansan Mayor sent a reply to the purport that “The instant land was incorporated within the river area of D, but is reflected in the compensation plan for unclaimed land, but the compensation period is delayed due to the limited budget.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s defense prior to the merits was incorporated into D’s river area, which is a river to which the former River Act (wholly amended by Act No. 5893, Feb. 8, 1999; hereinafter the same) and thus, the Act on Special Measures for the Compensation, etc. for Land Incorporated into a River does not apply (hereinafter “Special Measures Act”).

On the other hand, in order to claim compensation for losses under Article 74 of the former River Act, the competent Land Tribunal should adjudicate.

However, the Plaintiff filed the instant lawsuit without going through a ruling by the competent Land Tribunal, and thus, the instant lawsuit is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 2 subparag. 1 and 2 of the Act on Special Measures for Determination is nationalized.