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(영문) 서울고등법원 2016.11.04 2015누54546

하천편입토지보상금

Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the judgment of the defendant as to the new or repeated argument that the defendant raised in the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. The gist of the part that was changed by this court is to partly modify the content that was the joint plaintiff B of the first instance court died during the appellate trial, and as the defendant pointed out in this court, partly modify the error in calculating the process and value of division of the land of this case.

▣ 제1심판결서 2쪽 12행부터 13행까지를 다음과 같이 고친다.

“이 사건 사정토지는 행정구역 명칭 변경, 지목변경 등의 과정을 거쳐 AE 전 1,688평 및 J 도로 217평으로 되었고, 이후 AE 전 1,688평은 다시 AE 1,650평과 K 전 38평으로 분할되었다.” ▣ 제1심판결서 3쪽 7행부터 19행까지를 다음과 같이 고친다.

F. Meanwhile, the Plaintiff succeeded to the increased portion of M as follows.

1) As a result of the death on January 2, 1929 of the No. Ma of the No. 1929, the deceased on January 2, 1929: P (a) and the plaintiff (the plaintiff's heir, the defendant's heir, and the head of South) inherited the net N as the family heir in accordance with the customary law as of May 22, 1952; (b) as of December 24, 1990, theO died on December 24, 1990, pursuant to Article 109 of the former Civil Act (amended by Act No. 4199, Jan. 13, 1990; (c) as of January 1, 1991; and (d) as of January 1, 1991, the deceased jointly succeeded to the respective 3/8 and 2/8 (Nam) in proportion to each of the 2/8 O.

3 As the P died on November 27, 2013, the Plaintiff and B jointly inherited the network P at the ratio of 1/2, respectively, and the Plaintiff solely inherited the network B as of December 18, 2015.

" ▣ 제1심판결서 이유 중 3, 4,...