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(영문) 서울고등법원 2017.01.20 2016누38541

손실보상금

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The land condition of the instant land and the progress of subdivisions, etc. 1) The land research division prepared around October, 1910, which was drafted in October 1910, BK located in Si-Gun BJ prior to 2,768 Si-Gun BL (hereinafter “instant assessment land”).

2) The assessment land of this case was subdivided into 1,717, BN, 684, 331, and 26, prior to September 1934, the assessment land of this case was subdivided into 1,717, BN, 331, and 36, prior to 200.

On January 16, 1934, when the registration for the preservation of ownership was completed under the name of the CR, the registration for the transfer of ownership in the name of the CR was completed on the ground of sale and purchase on January 16, 1934, and the above BN No. 684 (hereinafter collectively referred to as the “instant land”) was completed on January 16, 193, when the registration for the transfer of ownership in the name of the CR was completed on January 16, 1934.

B. The assessment land of this case, which was divided as above, was cadastral restoration around 1976. Of each of the above land, the assessment land of this case, which was divided as above, was canceled around 1,717 square meters and 684 square meters before Sii-Gun, and the land category and column on the land cadastre of this case, were deleted into a pair line, and the land category and column on the land cadastre of this case was indicated as “river formation” and “state” in the owner column. 2) On April 17, 1984, the land of this case was converted into part of B Q Q Q 51,666 square meters in Gwangju-si on May 3, 1984, and was divided into B Q Q 40,407 square meters and BR 11,259 square meters in the BR river.

Since then, the 11,259 square meters of BR river in Gwangju-si was incorporated into BS bank 44,882.9 square meters in Gwangju-si according to the Partitionation and rearrangement project on August 4, 1989, and the 40,407 square meters of BT river in Gwangju-si on September 9, 2013 was combined into BT river 259,663 square meters in Gwangju-si.

C. 1) Ansan River is incorporated into a river area under Article 2 of the River Act (amended by Act No. 2292 of Jan. 19, 1971; hereinafter the same shall apply) as the name of a river and the case of designating a section of a river under Article 2 of the River Act (amended by Presidential Decree No. 1255 of Apr. 1, 1963).

The river referred to in Article 2 was designated as the river, Gyeyangcheon.