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(영문) 수원지방법원 2014.12.19 2013구합21244

손실보상금

Text

1. The Defendant: (a) KRW 86,780,500 to the Plaintiff; and (b) KRW 5% per annum from December 30, 2013 to August 18, 2014; and (c) KRW 86,780,50 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed in the name D with the address in the Sungsung-gun, Pyeongtaek-gun, Gyeonggi-do (15 years fire 15) around 1940. On August 17, 1941, the registration of ownership transfer was completed in the name of E with the address in Sung-gun C, Sungsung-gun (15 years) on October 16, 1941.

The above land became each real estate listed in the separate sheet (hereinafter “instant real estate”) through the subdivision, land category change, administrative district change, area-unit conversion, etc. thereafter.

The real estate of this case was transferred to the Republic of Korea on May 2, 1996 on the ground of the reversion of rights on September 11, 1948, and on September 15, 1997 on the ground of the reversion of rights on September 11, 1948, the registration of transfer of ownership in the Republic of Korea was completed on May 2, 1996 on the ground of the reversion of rights on September 2, 1996.

B. The Plaintiff’s father’s name was changed from E to F on December 4, 1946, after the Plaintiff’s name was changed to E in the Japanese colonial era.

C. The F died on May 8, 2013, and the inheritors agreed on the division of inherited property by devolving all the rights to the instant real estate on the Plaintiff.

The real estate of this case is located between the Dokcheon-do Dok-do Dok-do Dok-do and the Dok-do Dok-do Dok-do Dok-do Dok-do 1978 and Dok-do Dok-do 1975. According to the river ledger prepared in December 1979, the entire real estate of this case is registered as incorporated into the safe river area.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including branch numbers in case of additional number), the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The real estate of this case was incorporated into the river area of Ansancheon and owned by the State, and the defendant is subject to the Act on Special Measures for Compensation, etc. for Land Incorporated into the River (hereinafter "Special Measures Act").

(b).