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(영문) 수원지방법원 2015.10.22 2013구합17276
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, M with the address in J [J, J in 1914, J in 1914, and M&D due to the consolidation of part of K in Ma-gun] is indicated as being under the circumstance of No. 1,744 on October 10, 1913 (hereinafter “instant previous land”).

B. The previous land of this case became 2,576 square meters and 3,189 square meters of NA-gun, Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land”), and the registration of ownership preservation was completed on November 28, 1996 for N land, and on May 13, 1996 for O land, each of the Republic of Korea’s future registration was completed.

C. The instant land is currently located within a river area in P, and is currently used as a high-water site (a dry field, a non-sed road, a dry field), and the instant land is indicated as a river area in the default of the master plan for the maintenance of a P river formulated in 190, 2001, and the river area report prepared in 201.

The plaintiffs' preference M had a permanent domicile in Q, Gyeonggi-do, Q, and died on June 20, 1960.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 5 (including each number), and the inquiry results with respect to the head of the Seoul Regional Construction and Management Administration on May 15, 2015, the result of the inquiry with respect to the appraiserR by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs alleged that the land in this case was owned by M, which was owned by the plaintiffs, and since the land was classified as a river area of P, the defendant is obligated to pay compensation for losses due to the incorporation of the land in this case into a river according to Article 2 of the Act on Special Measures for the Compensation, etc. for Land Incorporated into a river (hereinafter "Special Measures Act").

(b) as shown in the attached Form of the relevant statutes;

C. First, we examine whether the instant land is subject to compensation for losses under Article 2 of the Act on Special Measures.

Each subparagraph of Article 2 of the Act on Special Measures shall be subject to the Act.

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