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(영문) 수원지방법원 2018.08.23 2017구합61981
하천편입토지손실보상금
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 March 1, 1965, the Defendant designated and publicly announced C, a local second-class river, which started from Han River and flows into B, as a local second-class river.

(Notice D) of Gyeonggi-do.

On February 4, 1985, the defendant incorporated 102.5 km from the F of Macheon-gun to the Namyang-gun G in accordance with the river maintenance master plan announced by Gyeonggi-do, into B river area which is a river with mutatis mutandis application.

C. Around 1913, H, the Plaintiff’s high tide department, was found to be the owner of the land investigation department in Yangyang-si, the land of which was 1132 square meters prior to the division of the area of 815 square meters in Nam-si, Namyang-si, J. 419 square meters in Nam-si, Namyang-si, the land of which was 223 square meters in Namyang-si (hereinafter “each land of this case”).

Each of the instant lands was inherited to the Plaintiff’s family members, father, and father in sequence, and inherited to the Plaintiff’s mother and sibling. On January 201, 2016, after the Plaintiff’s mother’s death, the Plaintiff’s siblings owned each of the instant lands solely, and agreed on the division of inherited property.

E. Meanwhile, each registration of preservation of ownership was completed in the name of the Republic of Korea around 1995 and around 1996 in the process of restoring the cadastral record, such as the registry and the land cadastre, with respect to each of the instant land.

F. On September 9, 2016, the Plaintiff filed a lawsuit against the Republic of Korea to comply with the procedure for the registration of cancellation of ownership preservation (Seoul Central District Court Decision 2016Da5021431) and the judgment rendered in favor of the Plaintiff was finalized around that time.

Based on this, the Plaintiff cancelled the registration of preservation of ownership in the name of the Republic of Korea on each of the instant land.

G. On October 24, 2016, the Plaintiff completed the registration of ownership preservation on each of the instant land in his/her name, and the present land in this case is registered as owned by the Plaintiff.

H. The drawing of the “River Facility Management Ledger” prepared by Gyeonggi-do on September 2013, 2013 (such as N, etc.) is deemed to have been incorporated into C’s river area.

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