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(영문) 수원지방법원 2015.07.09 2012구합14706 (1)
손실보상금
Text

1. The Defendant stated the Plaintiffs’ “total amount recognized” in the separate sheet on compensation for losses and the two.

Reasons

1. Basic facts

가. 경성부 중부 A(京城府 中部 A)에 거주하던 B이 1912. 2. 8. 경기 여주군 C(1963. 1. 1. ‘양평군 C’으로 행정구역명칭이 변경되었다) D 전 1,093평(이하 ‘분할 전 토지’라 한다)을 사정받았다.

[As seen in the following, the land cadastre (Evidence Nos. 3 and 4) of E and F land divided from the land before subdivision is indicated as “G”. However, the above land cadastre is restored before the amendment of the Cadastral Act on December 31, 1975, and it cannot be acknowledged that the owner’s right was presumed to have been infringed (see, e.g., Supreme Court Decision 94Da27469, Sept. 15, 195). In this case, where no evidence exists to prove that the situation was changed by the adjudication, the circumstance of the land before subdivision must be deemed as B as indicated in the Land Survey Book (Evidence No. 1) prepared during the Japanese occupation point period.

B. On October 5, 1967, the land before subdivision was divided into a change of land category into a river, and on September 27, 1968, E was divided into a 632 square meters (in December 30, 1978, converted into a unit of size into a 2,089 square meters) and a F-river 461 square meters (in December 30, 1978, converted into a unit of size into a 1,524 square meters).

C. F. F. 461 square meters was incorporated into the flooded area according to HH project as of October 26, 1972, the Korean Electric Power Corporation, a public project operator, was granted a decision to expropriate the said land on June 10, 1974 by the Gyeonggi-do Regional Land Expropriation Committee. Around that time, the said land was unregistered and its land cadastre (Evidence A No. 4-3) was written at the time, and the G’s address was written in the land cadastre (amended by Act No. 4231, Apr. 7, 1990) was not known, and the compensation was deposited pursuant to Article 61(2)2 of the former Land Expropriation Act (amended by Act No. 4231, Apr. 7, 199).

E The E River 632 square meters (2,089 square meters) is located within the river section of Han River designated as a national river according to the "the name and the case of designating a river under Article 2 of the River Act" enacted on April 1, 1963 by Cabinet Ordinance No. 1255, and the said land is the Han River.

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