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(영문) 수원지방법원 2015.04.14 2012구합7418
손실보상청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Land Survey Division prepared during the Japanese Occupation Period is written in the Land Survey Division, stating that C, who has a domicile in Gyeonggi-do-gun B on October 10, 1913, was assessed on the 1,031 square meters (hereinafter “instant assessment land”) around 1,031 square meters (hereinafter “instant assessment land”).

B. Since then, the instant assessment land became 1,922 square meters in Gyeonggi-do, Gyeonggi-do (hereinafter “instant land”) and 1,486 square meters in E river (hereinafter “instant land”) through division, land category change, etc. as follows. The instant assessment land became 1,92 square meters in Gyeonggi-do and 1,486 square meters in E river (hereinafter “instant land”).

On August 6, 2007, the Republic of Korea made a registration of preservation of ownership on each land of this case.

Land No. 2 of this case, which was divided on October 8, 199 on May 5, 1969, for the land category change on October 10, 1913;

C. On October 8, 1950, G, which is the father of the Plaintiff’s father, who had his permanent domicile in Gyeonggicheon-gun F, died on October 8, 1950, and on June 10, 1950, the Plaintiff, who was the son and the son of H, succeeded to the said G on behalf of the Plaintiff.

The term "F," which had the legal domicile of the Plaintiff, was originally incorporated into Macheon-gunK in accordance with the consolidation of administrative districts in 1914, as the area from the JJ of Mok-gun.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2-1, 2, 3 through 5, evidence 6-1, 2, and 10-1, 6-2, and the purport of the whole pleadings

2. The gist of the cause of the Plaintiff’s claim is C and G, the name of the assessment of the instant assessment land, and G, the Plaintiff’s fleet, are the same person, and since each of the instant land divided from the said assessment land was incorporated into a river area, the Defendant is obligated to pay compensation for losses to the Plaintiff, the heir of G, in accordance with the Act on Special Measures for the Compensation, etc. for Land Incorporated into Rivers

3. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

4. Determination

A. We examine whether C, the assessment title of the instant assessment land, and G, the Plaintiff, are the same person.

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