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(영문) 서울중앙지방법원 2019.11.28 2019가합535063
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff A is the spouse of the deceased E (hereinafter referred to as “the deceased”), and Plaintiff B, C, and D are the children of the deceased.

The defendant Republic of Korea is a state agency with inherent intellectual management affairs.

The defendant Songpa-gu is the competent authority that manages the official cadastral records of land in Songpa-gu jurisdiction.

On December 26, 1964, the registration of preservation of ownership was completed in the name of the deceased on December 13, 1966, the land located in Songpa-gu Seoul Special Metropolitan City on the instant land, etc. and the registration of preservation of ownership in the Plaintiffs’ names (hereinafter the land located in Gdong shall be specified only by omitting the indication of the administrative district, and the lot number is specified). Since then, on April 24, 1967, the registration of preservation of ownership was completed in the name of the deceased on around November 13, 1966, it was divided into 8,03 square meters in F forest and h forest and 892 square meters in F forest and h forest, and 8,03 square meters in F forest and h forest and h 892 square meters in size on August 1, 1967.

However, on the ground that the portion (area 844 square meters) omitted due to an error in the area at the time of the initial cadastral restoration of F forest 9 parts was in the forestry map, the land was restored in the name of the Deceased on December 10, 1993, and thereafter, the area of K forest 84 square meters was divided into 75 square meters on December 28, 1993, K forest 75 square meters, L forest 71 square meters, and M forest 698 square meters.

On August 22, 1994, the Plaintiffs completed the registration of initial ownership as to each inheritance share (the respective 3/10 shares, 3/10 shares, 2/10 shares, 2/10 shares, 3/10 shares, 3/10 shares, 3/10 shares, 2/10 shares, 3/10 shares, 3/10 shares, and 3/10 shares, respectively

On the other hand, the execution, etc. of a land readjustment project, while the Seoul Metropolitan Government, around 1982, has incorporated the part corresponding to the land of this case (area 698 square meters) into the project district in the course of implementing a land readjustment project under the former Land Readjustment Project Act (amended by Act No. 6252, Jan. 28, 200; hereinafter the same shall apply) with respect to the whole area of 7,45,06 square meters, such as Seoul Ndong and Gdong, etc., around 1982. At the time of incorporation, there is no lot number as to the part corresponding to the land of this case.

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