1. The judgment of the court of first instance is modified as follows.

(1) The defendant shall pay to the plaintiff KRW 201,48,933 and its amount on October 14, 2014.

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s claim for reimbursement of KRW 314,684,00 and delay damages based on Article 2 of the Act on Special Measures for the Compensation for Land Incorporated into River (hereinafter “the Act on Compensation for Land incorporated into River”) on the ground that the instant land divided into the land by F, the decedent of the Plaintiff, was inherited solely by the Plaintiff, and the land owned by the Plaintiff was transferred to the river area and lost its ownership.

The judgment of the court of first instance accepted some of the plaintiff's claims (295,747,814 won and damages for delay) and dismissed the remaining claims, and the defendant appealed against the part against which he lost.

[Attachment of the relevant Acts and subordinate statutes]

나. 전제된 사실관계 【증거】갑1, 갑2의4, 5, 6, 갑7의1, 2, 갑9의1, 2, 3, 갑13의 1에서 5와 변론 전체의 취지 ⑴ F의 토지사정과 토지분할 등 ㈎ 분할 전의 경기 광주군 B 전 1,046평, C 대 194평, D 전 178평은 1911. 6. 30. F(F, 주소 광주군 S) 명의로 사정이 되었다.

㈏ 사정토지들의 지적공부는 한국전쟁 중에 멸실되었다가 복구되었다.

B B The land category was changed on March 5, 1975 from the land of 1,046 to the G, which was divided on January 7, 1975.

C On October 9, 1970, the land category of which was changed to a river on October 9, 1970, the H 26 square meters was divided on January 7, 1975.

D The land category of the 178 square meters was changed to a river at the time of cadastral restoration on March 20, 1953, and a part of the land was divided and became 94 square meters following D rivers.

These lands were composed of 645 square meters in Songpa-gu Seoul Metropolitan Government river, 86 square meters in H river, and 311 square meters in D river with a conversion registration on November 1, 197.

(이하, 3필지의 토지를 ‘이 사건 토지’라 한다). ㈐ 피고는 이 사건 토지가 속한 I에 대하여 1974. 12. 7. 사업시행인가(건설부공고 제125호)를 받아 잠실지구...