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(영문) 수원지방법원 2015.01.14 2013구합16518

하천편입토지손실보상금

Text

1. As to Plaintiff A, C, and D, KRW 236,57,813, respectively, and KRW 354,836,720, and each of the said money to Plaintiff B, respectively. < Amended by Presidential Decree No. 25554, Sep. 2, 2014>

Reasons

1. Facts of recognition;

A. The land research division drafted during the Japanese occupation period is written in the land research division, stating that E was under the assessment of F Miscellaneous land F 1,322 square meters (hereinafter “instant land”). < Amended by Presidential Decree No. 10013, Oct. 17, 1910>

B. Around October 5, 1955, the surrounding land, including the instant land, was newly registered as the land of 27,878 square meters in G river in the Gwangju-si, Gyeonggi-do, and following the conversion of the area and cadastral division thereafter, the instant land was 4,370 square meters in the area of H 52,341 square meters in the optical-si, Gwangju-si (the location of the instant land is the same as the annexed drawing 1), and the registration of ownership was completed on March 19, 198 with respect to 52,341 square meters in the area of the instant land in the name of the Republic of Korea with respect to 52,341 square meters in

C. From 1932 to 1934, the land of this case is located at the shores and exclusions thereof from the Anyang river constructed by the Gyeongyang River Branch, and Mayangcheon was publicly announced as a national river on April 1, 1963. The Nayang river site and exclusions from the Anyang river site were determined and publicly announced as the Anyang river area under Article 12 of the former River Act (amended by Act No. 2292 of Jan. 19, 1971) along with the detention basin.

The plaintiffs died on November 26, 1945, and the plaintiffs succeeded to the property in succession by the plaintiffs A, C, and D, 2/9 shares, respectively, and the plaintiff B succeeded to the 3/9 shares, and the specific details of the inheritance shares calculation are as shown in attached Table 2.

[Ground of recognition] A without dispute; entries and images of Gap evidence 1 through 8 (including paper numbers); the inquiry result of this court's inquiry into Seoul Regional Land Management Office; the result of this court's request for surveying and appraisal to the appraiser J; the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs alleged that the land in this case was owned by E, the prior owner of the plaintiffs, and since the land was incorporated into Anyang river area and owned by the State, the defendant was a successor of E, and thus, the defendant is a successor of E, the Act on Special Measures for Compensation, etc. for Land Incorporated into Rivers.