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(영문) 서울고등법원 2015.11.20 2015누31246
손실보상금지급
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons stated in this case by the court of this case are as stated in the reasoning of the judgment of the court of first instance, except for the following addition, and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination by this court (the plaintiff's assertion) is difficult to view that the land of this case was transferred from the fact-finding person and the plaintiffs' preference to AE, Japan before August 9, 1945.

[Judgment] The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. Thus, the first instance court's decision rejecting the plaintiff's assertion is justified in light of all the evidence submitted in the first instance court and the evidence additionally submitted in this court (A23-27, B-9).

(1) The land cadastre of Gangdong-gu Seoul and W is indicated as the owner of AE presumed to be a Japanese, and the owner of V land is written as AE (AE), and W land owner is written as AC (State, National Tax Service) in the land register acquired as a subject of compensation by public announcement of Seoul Metropolitan Government.

AE is written by the cultivator of the farmland land in this case as the cultivator of the farmland land in this case, and the landowner's "land owner" is a blank.

In addition, the Seoul District Court Sungdong Branch Decision 75 Gohap640 decided April 7, 1976, each of the above lands is original.

8. 15. The portion owned by Japan before the Elimination includes the portion that was reverted to the State in accordance with the relevant laws and regulations after the Elimination.

In full view of these circumstances, there is a high possibility that ownership of the above land has been changed from T to Japan's "AE".

B. The name and address of the prop on each of the above lands is indicated as “AE” by the cultivator without stating the prop’s address and name, and the land category on the public register is specified as “Ha” and other items are omitted.

(1) As to this, the Plaintiffs cultivated the land owned by “AE”.

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