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(영문) 서울고등법원 2016.10.18 2016누44447

하천손실보상금

Text

1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiffs' claims corresponding to the above revocation part are all filed.

Reasons

1. Basic facts

A. On July 30, 191, the land survey division prepared in the Japanese colonial era of the land of this case was written on July 30, 191, stating that the net N (O), P (hereinafter “instant land”) and P (hereinafter “instant 2”) were written on July 30, 191, and Qu was written on July 30, 191.

B. Inheritance Relations (1) The NS, which was the Plaintiff’s preference and had a permanent domicile in Gyeonggi-gun R, was deceased on October 22, 1910, and Qu, its head, as the heir of Australia inherited his/her property right as a sole heir.

(2) Q has died on August 19, 1968 and succeeded to the right of property of Q Q Q by T, its wife, U (resident), V, AC, and network W’s children (the deceased on August 4, 1945, and the deceased on August 4, 1945, and succeeded to the right of property of X (resident) who is its children, and the deceased on the part of P, AB (the deceased on November 21, 1946, the deceased on November 21, 1946, and the deceased on the part of P, its wife, AB, its owner, and the deceased on the part of AB, AB, its children, and the deceased on the part of the deceased on the part of the deceased on the part of P, and the deceased on the part of the deceased on the part of A, AB, its children and children on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of AB.

(3) AD, AE, AF, AG, Plaintiff A, B, Plaintiff C, Plaintiff D, and Plaintiff E jointly inherited the property on March 1, 1996. After death on July 22, 1996, Plaintiff F and Plaintiff G jointly inherited the property.

(4) On November 23, 2010, X died and jointly succeeded to the property of Plaintiff H, Plaintiff I, J, Plaintiff J, K, and wife.

(5) If the share of the Plaintiffs’ net Q’s property is calculated in accordance with the foregoing facts, the share of the Plaintiffs A, B, C, Plaintiff D, and Plaintiff E is 24/1320 shares, respectively; Plaintiff F, and Plaintiff G are 24/2,640 shares; Plaintiff H, Plaintiff I, Plaintiff J, and Plaintiff K are 28/1064 shares, respectively; and Plaintiff L is 432/1064 shares. < Amended by Presidential Decree No. 13882, Apr. 16, 1016>