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(영문) 서울중앙지방법원 2019.08.21 2019가단5028914
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) On October 1, 1913, B, the Plaintiff’s increased portion of land, etc., is the Plaintiff’s 1,834 No. 1,834 (hereinafter “assessment land”).

(1) The lower court determined that the land’s cadastral record was destroyed due to the Korean War on December 10, 1970, and the land’s land cadastre was restored from December 10, 1970; the land’s land was restored to the nearest 728 square meters and E 1,106 square meters; at the same time, the land’s land was restored to the nearest 1,106 square meters from E 1,106 square meters (hereinafter “land before division”).

(A) The land category was divided and changed into a river, and thereafter, G river 588 square meters, H river 25 square meters, and I river 14 square meters (hereinafter referred to as “instant land” in total, in three parcels.

2) On February 17, 1994, the head of Nam-gu rendered a public announcement of non-owned real estate before subdivision pursuant to Article 8 of the former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009; hereinafter “former State Property Act”) and the Defendant completed registration of preservation of ownership on the instant land under the name of the Defendant on April 21, 1997.

B. 1) The land of this case was designated as the “J Housing Site Development Zone in South Yangyang-ju” and was merged with the Korea Land Corporation in 1993 (the Korea Land and Housing Corporation thereafter).

hereinafter referred to as “Corporation”

The land readjustment project was implemented by the Corporation. The Corporation completed the land readjustment project on April 26, 1997, and accordingly arranged the cadastral record (land register) on the land, etc. of this case on May 29, 1997. 2) Meanwhile, on March 31, 1997, the Corporation publicly announced the land substitution disposition (hereinafter “instant land substitution disposition”) on March 31, 1997, and pursuant to Article 63 of the former Land Readjustment and Rearrangement Project Act (amended by Act No. 6252, Jan. 28, 200; hereinafter the same), which is a river and public facility, belongs to the Defendant-do.

Defendant Gyeonggi-do shall undertake the instant river.

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