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(영문) 수원지방법원 2016.04.11 2013구합17368

손실보상금

Text

1. The Defendant: (a) KRW 113,643,822 to the Plaintiff; and (b) KRW 5% per annum from April 10, 2015 to April 11, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. B was assessed on April 1, 1914 on the Gyeonggi-gun, Gyeonggi-do, 1, and 1,370 square meters (hereinafter “instant assessment land”). Since then, the instant assessment land was divided into 93 square meters prior to C on October 13, 1979 and 3,536 square meters prior to D on October 13, 1979; among them, D land was classified into 1,114 square meters prior to D and 1 real estate list (hereinafter “each of the instant land”), following the process of subdivision, land category change, merger, etc.

B. On August 1, 1994, the Republic of Korea completed the registration of initial ownership on each of the land of this case by the District Court of Jung-gu District Court No. 5815 of the receipt on May 21, 1996.

C. A death of Party B, E, a family heir, inherited the property solely, and E died on June 20, 1941, and upon the death of Party B, Party F, a family heir, inherited the property solely, and on March 3, 1951, Party F died, and the Plaintiff, a family heir, inherited the property solely by himself.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Each land of this case, which was divided from the land owned by the Plaintiff’s assertion B, was nationalized as a river area due to the construction of emulation agents in 1984. Thus, the Defendant shall pay compensation for losses to the Plaintiff, who succeeded to B’s property in sequence, in accordance with the Act on Special Measures for the Compensation, etc. for Land Incorporated into River (hereinafter “River Acquisition Compensation Act”).

3. Attached Form 2 of the relevant Acts and subordinate statutes;

(hereinafter the former River Act, amended by Act No. 2292, Jan. 19, 1971, among the relevant Acts and subordinate statutes, is “1971 River Act”; and the former River Act, amended by Act No. 3782, Dec. 31, 1984, “1984 River Act” refers to “the 1984 River Act”).

A. We examine whether each of the instant lands in question is subject to the compensation under the Land Acquisition Compensation Act incorporated into the River, and the aforementioned evidence and the Seoul Regional Construction and Management Administration of the Seoul Regional Construction and Management Office of this Court.