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(영문) 서울행정법원 2015.01.23 2013구합6039

손실보상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Assessment of the land of this case and succession thereto;

A. On June 30, 1911, the address of Gwangju-gun, B, 424 square meters (hereinafter “instant land”) was assessed by C, and on June 24, 191, the address of Gwangju-gun E, 758 square meters (hereinafter “instant land”); and on June 24, 1911, the total number of the instant land was assessed by C.

B. Meanwhile, the instant land became part of the Seoul Songpa-gu I site and the Seoul Songpa-gu J site due to the land partition rearrangement, which was part of the Seoul Songpa-gu I site, and the Seoul Songpa-gu J site through the conversion of the area unit, change of administrative district, merger, division, etc.

C. D Along with the death of September 4, 1932, D succeeded to the property right of the Plaintiff, the head of the Gu, under customary law, F, on March 11, 1948.

D and F’s permanent domicile is Songpa-gu Seoul. D.

On the other hand, L, the president of F, has already died on April 13, 1914, and M has succeeded to F's property right on behalf of F, and it was declared missing on January 13, 1968.

M was the Plaintiff, who was the Republic of Korea N, the Republic of Korea N, the Republic of Korea P, and his father, but N on March 20, 1935;O on March 7, 1966; and P on October 8, 1964, respectively, the Plaintiff is the only heir of M.

E. As to the land of this case 1, Q completed the registration of ownership preservation on December 7, 1971, and the registration of ownership transfer was made in order of S, T, and U.S. on June 21, 1972.

F. As to the land of this case 2, Q made a registration of ownership preservation on December 7, 1971, and on September 25, 1972, the ownership transfer registration was completed on September 25, 1972.

G. On April 7, 1976, Korea filed a lawsuit against Q et al. to cancel the registration of the instant land based on ownership and received a judgment in favor of the entire winning court in the Sungdong branch of the Seoul District Court (hereinafter “related judgment”), and in the above judgment, “the instant land” was originally land.

8. They were owned by Japan before the 15th Sea Disaster.