beta
(영문) 서울행정법원 2015.03.19 2013구합64875

손실보상금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Basic facts

A. On August 17, 1917, the current status of the land and the right change in the public record in the Seoul Special Metropolitan City Gwangjin-gu, the ownership transfer registration was made on August 17, 1917 with respect to the land No. 745 square meters and G No. 1,445 (hereinafter “instant No. 1,2 land” in the order of 745 square meters and G No. 1,445 (hereinafter “instant land”).

Each land of this case was changed into a river on January 13, 1941, and its category was closed on December 9, 1975, and each new register was made in the name of the Republic of Korea on the ground that it was a river site.

Each of the instant lands was incorporated into the Han River basin, which is a national river, and became a site due to the bank construction and expansion works around 1976, and each ownership transfer registration was made on September 28, 1978, and the land category was changed to the site around that time.

B. On April 2, 1950, the deceased on April 2, 1950, H inherited the property solely with Australia’s inheritance, and on April 21, 1964, the deceased on April 21, 1964, and eight persons, such as the wife, the Plaintiff’s Intervenor, K, L, M, and N, succeeded to the property.

The J died on March 5, 1972 and succeeded to the property of the Plaintiff’s supplementary intervenors, K, L, M, N, etc. who are children.

Since July 7, 199, M succeeded to the wife's O, P, Q, and R's property. On February 18, 2002, N succeeded to the wife's us, children, and U.S. property.

At present, the descendants who inherited the H’s property are 12 persons including the Plaintiff’s Intervenor.

C. On the ground that W, X, Y, and Z were purchased from eight heirs of the network H in the case of related civil cases, the Defendant, Korea, etc. filed a lawsuit seeking confirmation of ownership, etc. against the Defendant, Korea, etc. on the ground that the netV purchased each of the instant land from the eight heirs of the network H.

The Seoul Central District Court recognizes that on April 19, 1990, net V purchased the land of this case from eight heirs including the Plaintiff’s Intervenor around August 30, 1970, but the land of this case is within the river area (Korean River).