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(영문) 수원지방법원 2011.02.10 2009구합14515
하천편입토지손실보상
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The land survey division for the Japanese colonial period on the 14,708 Emar-gun, Gyeonggi-gun, U.S. (hereinafter “1-Emar-gun”) and V No. 14,708 Emar-gun, Gyeonggi-gun (hereinafter “2-Emar-gun,” and collectively “each of the instant circumstances” as well as the land under the 1-Emar-gun, indicated that X having the address in W was subject to each of the circumstances.

(b) After the change of the name, division, area conversion, etc. of the administrative district, the land of assessment No. 1 shall be attached thereto;

2. The land indicated in the list of real estate (hereinafter “land 1”) and the land indicated in the list of real estate 2 shall be listed in the attached Form;

2. Land Nos. 2 through 5 in the list of real estate (hereinafter “land Nos. 2 through 5”) and land Nos. 1 and Y2,428 square meters (around 8,026 square meters) in Gyeonggi-gun, Gyeonggi-gun.

C. The registration of ownership preservation was completed in the name of the State on April 7, 1975 and April 29, 1975 with respect to each of the instant lands.

The deceased X was the legal domicile of the Z in Gyeonggi-gun.

E. On January 14, 1930, X, the deceased on January 14, 1930, succeeded to the property in succession according to the rules of inheritance such as the Civil Code ( customary law in inheritance), etc., and the plaintiff et al. jointly succeeded to the property.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's statements, 10, 11, 12, 13, 17, 22, 23 and 25 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the cause of the claim is the land under the name X, the decedent of the plaintiffs, and since the land was incorporated into a river area and owned by the State, the defendant is obligated to pay compensation for losses arising from the incorporation of the land into a river pursuant to Article 2 of the Act on Special Measures for the Compensation, etc. for Land incorporated into a river (hereinafter “River Compensation Act”).

B. The [Attachment of the Issues]

3. The description; and

C. According to the determination of Paragraph 1, the assessment title of each land of this case and X-I, the deceased.

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