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(영문) 수원지방법원 2015.04.30 2013구합13502

보상금등지급신청기각결정취소

Text

1. As to the Plaintiff KRW 141,907,50, and KRW 5,000 among them, the Defendant shall pay to the Plaintiff KRW 141,90,000 from October 5, 2013, and KRW 136,907,50.

Reasons

1. Basic facts

A. On August 23, 1911, the Land Survey Board prepared in the Japanese Report shall state that C, having his domicile in Gyeonggi-gun B, was determined on August 23, 191 by Gyeonggi-gun 180.

B. The above A.

On May 31, 1958, the land indicated in the port was converted into the “river” and converted into the area unit, administrative district name, change, and division after the land category was changed into the “river,” and became the area of 549 square meters in Gwangju E-si and 46 square meters in a F-river (hereinafter the above two lots of land was referred to as the “instant land”).

C. The instant land is located within the G river section designated as a national river by the “the name of the river under Article 2 of the River Act” enacted by the Cabinet Order No. 1255 of April 1, 1963 and the case of the designation of a section,” and the time when the instant land was actually incorporated into G river area cannot be accurately known. However, it is written that the instant land was incorporated into G river area as a river site or an area excluded from the river register prepared on December 1, 1998.

The plaintiff's permanent domicile of Cho Jong-gun was 1499, G in the Gyeonggi-gun, Gwangju-gun, the plaintiff's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

【Unfounded grounds for recognition】 The non-contentious facts; Gap evidence Nos. 1, 2, and 4; the fact inquiry results from October 1, 2014 to the head of the Seoul Regional Construction and Management Administration; the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. Upon examining the Plaintiff’s assertion, C and the Plaintiff’s fleet H are the same person, and since the instant land is nationalized into G river area, which was a national river, in 1971, in which the amended River Act (Act No. 2292) was enforced, the Defendant finally inherited the instant land under the Act on Special Measures for the Compensation, etc. for Land Incorporated into Rivers (amended by Act No. 9543, Mar. 25, 2009; hereinafter “River Incorporated Land Compensation Act”).