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(영문) 수원지방법원 2010.09.16 2010구합3535

손실보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 19, 1912, the Land Survey Division concerning the B B, 340 square meters (hereinafter “1 land”) and C, the 6,270 square meters (hereinafter “2 land”) of Gyeonggi-gun is indicated as being under the circumstances of E having an address in Ansan-gun D.

B. On March 25, 1912, the Land Survey Division concerning the 3,399 EM (hereinafter “third-party land”) in the Gyeonggi-gun group, stating that E, who has an address in Ansan-gun D, was under the circumstance.

C. On March 27, 1912, E with an address in Ansan-gun H, the land research division on the G field 2,147 square meters (hereinafter “No. 4”).

Since then, according to the change of land category, division, conversion of the area, etc., the land No. 1 was the 20,727 square meters of the river B in Gyeonggi-gun, the 20,727 square meters of the land B in the case of the land No. 3, the 11,236 square meters of the F river in the case of the land No. 3, and the 6,040 square meters of the land in the case of the land No. 4 in the case of the land

E. The registration of ownership preservation was completed in the name of the country around 1996 with respect to each of the instant lands.

F. K, the legal domicile of the Plaintiff, the legal domicile of Jongno-gu Seoul Jongno-gu, was born in 1897 and was transferred to M on January 13, 1919, which was referred to the Gyeonggi-gun L. The legal domicile of M was changed from Ma Sung-gun N to Ma, respectively.

G. On December 17, 1946, K deceased on December 17, 1946, and succeeded to the property in succession in accordance with the rules of inheritance, such as the Civil Act ( customary law in inheritance) used under Article 1 of the Decree on Maritime Affairs and Fisheries, and the Plaintiff and P, Q, R, and S jointly inherited the property. An agreement was reached between the above inheritors to solely inherit the property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination as to the cause of the Plaintiff’s claim

A. Each of the instant lands asserted by the Plaintiff is land under the name of K, the decedent of the Plaintiff, and since it was incorporated into a river area and owned by the State, the Defendant is compensated for land incorporated into a river.