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(영문) 대구지방법원 2012.05.23 2011구합2844

손실보상금

Text

1. The Defendant’s KRW 47,879,90 for the Plaintiff and KRW 5% per annum from March 22, 2012 to May 23, 2012.

Reasons

1. Basic facts

A. On March 31, 1931, 1931, the Plaintiff’s father B acquired 8,972 square meters prior to D, YY C (hereinafter “C”).

On August 10, 1971, the land category of D before the said subdivision was changed from “former” to “river”; on January 12, 1987, the E-river 2,404 square meters and F river 5,367 square meters divided, and the area was 1,201 square meters. After the division of G river 1,120 square meters on July 20, 200, the area was 81 square meters.

On July 20, 200, the land category of the said E- river 2,404 square meters was changed to a bank, and the area of H bank 660 square meters and I bank 63 square meters was divided, and the area was 1,681 square meters.

The summary of this is as follows:

Division on August 10, 197, 2 E Bank No. 2 E Bank 1,681, the land category of which is changed on August 12, 1987, 1987, divided on January 12, 1987, 4 G river 1,1200 divided on July 20, 200, 5 H bank 660 divided on July 20, 200, 6 I bank 63,7 July 20, 200.

B. E is a bank site with a size of 1,681 square meters located in J river area, which is a national river, and the F river with a size of 5,367 square meters located on a river side and located in J river area, which is a national river.

(hereinafter above E/F land is collectively referred to as “the instant land”).

The deceased on October 3, 1998, the deceased on 3/11, the deceased on 1998 succeeded to 3/11, B's children L, M, N, and the plaintiff 2/11, respectively, and the deceased on 22 August 1999 and succeeded to the shares of the deceased L, M, N, and the plaintiff.

As the Defendant enacted the Act on Special Measures for the Compensation, etc. for Land Incorporated into River (the Act was enacted on March 25, 2009 and came into force on June 26, 2009; hereinafter “Special Measures Act”), the Defendant agreed on the compensation for the instant land between the Plaintiff and the Plaintiff, but did not reach an agreement.

E. L, M, and N transferred the instant claim for compensation for losses to the Plaintiff on or around January 2012, which was after the instant lawsuit was filed, and around that time, notified the Defendant of the transfer of the said claim.

[Reasons for Recognition] A’s evidence 1-3, A’s evidence 2, and A’s evidence 5-1 through A’, without dispute.