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(영문) 수원지방법원 2016.05.13 2013구합16983

손실보상금

Text

1. The Defendant’s annual interest in KRW 5,454,540 and each of the above amounts to the Plaintiffs from January 7, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. In the Land Survey Book drawn up during the Japanese Occupation Period, D, who has a domicile in Seocheon-gun C on August 3, 1914, indicated that the assessment was conducted on August 3, 1914, 235 E (hereinafter “instant assessment land”).

Since then, the land of this case was changed to 77 square meters in Gyeonggi-do E-gun, Gyeonggi-do (hereinafter “instant land”) through the conversion of the area, land category, etc.

B. On December 26, 2006, the registration of preservation of ownership in the name of the Republic of Korea was completed on the instant land.

C. The instant land is a land located in a F river area, a national river, and managed by the Seoul Regional Land Management Office, and is indicated as a river area in a river area report in 1980, 1992, 201, and 201.

On May 14, 1945, G, the plaintiffs, died of May 14, 1945, and H, his leader, independently inherited family and inherited property.

The above H died on June 10, 1963 and jointly succeeded by I, J, K, and L.

However, both I and their inheritors, J, unmarried K and L were declared missing (Seoul Family Court 2014 Ma4231).

The plaintiffs are children of J. J.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 3, and 6 (including each number; hereinafter the same shall apply), the fact inquiry results with the head of the Seoul Regional Construction and Management Administration, the purport of the entire pleadings

2. The assertion and judgment

A. The plaintiffs' assertion was owned by the State as a part of the F's river area as the land under the circumstances of G, which was under the circumstances of the plaintiffs' preference.

Therefore, the Defendant is obligated to pay compensation for losses incurred by incorporation of the instant land into a river to the Plaintiffs who inherited the instant land under the Act on Special Measures for the Compensation for Land Incorporated into a River (hereinafter “Special Measures Act”).

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

C. 1) Whether D and G, the name of the circumstance, C, and the plaintiffs, are the same person.