beta
(영문) 수원지방법원 2015.02.05 2013구합11629

손실보상금

Text

1. The Defendant’s KRW 36,634,766 as well as 5% per annum from October 26, 2013 to February 5, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. In the Land Survey Book drawn up during the Japanese Occupation Period, it is indicated that C, which has an address in the Seo-song Book B, was assessed at approximately 1,772 square meters (hereinafter “the land before the instant partition”).

B. It is stated that C, the permanent domicile of which is located in the GIC E of Gyeonggi-do due to the private injury made during the Japanese occupation period, was reported on October 29, 1914 to the GICF of Gyeonggi-do on October 30, 1914.

After that, C's permanent domicile became Jung-gu G.

C. According to the implementation of the Addenda in 1914, part of the I, J, K, L, and M, N, andO of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G.

On August 25, 1945, the above C, whose permanent domicile was in Jung-gu, died on the death of Q Q, Q, its sole inheritance. On September 9, 1950, Q, South Korea, solely succeeded to its property. R died on March 14, 2004 and jointly succeeded to its wife S, its children, Plaintiff T, and U R’s property, and the Plaintiff’s share of inheritance is 2/9.

E. On November 30, 1954, the land before the instant subdivision was divided into 549 square meters in V rivers (the area was converted into 1,815 square meters, and hereinafter “instant land”) and 1,223 square meters in W. The instant land was converted into X on April 20, 1995 and the area was corrected to 1,874 square meters in size on July 6, 2006. The Defendant completed the registration of ownership preservation on the instant land under the Defendant’s name on June 19, 1986.

F. The instant land was designated as a river on April 1, 1963 by the Decree No. 1255 of the Ministry of Health and Welfare, and was designated as a national river on August 9, 199) and was located between Y and Z in around 1941, and was located between Y and Z. Although the time of incorporation or the ground for incorporation was unknown, it appears that the instant land was incorporated into a river area on the river register on the river register in 1979 and used as Y's bank and exclusion.

[Ground of recognition] The fact that there has been no dispute, each entry or image of Gap's 1 through 11 (including a paper number), and the court of this Court.