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(영문) 서울고등법원 2012.02.10 2010누35229
손실보상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On April 19, 1912, the Land Survey Division concerning the B B, 340 square meters (hereinafter “1 land”) and C, the 6,270 square meters (hereinafter “2 land”) of Gyeonggi-gun is indicated as being under the circumstances of E having an address in Ansan-gun D.

B. On March 25, 1912, the Land Survey Division concerning the 3,399 EM (hereinafter “third-party land”) in the Gyeonggi-gun group, stating that E, who has an address in Ansan-gun D, was under the circumstance.

C. On March 27, 1912, E with an address in Ansan-gun H, the land research division on the G field 2,147 square meters (hereinafter “No. 4”).

Since then, according to the change of land category, division, conversion of the area, etc., the land No. 1 was the 20,727 square meters of the river B in Gyeonggi-gun, the 20,727 square meters of the land B in the case of the land No. 3, the 11,236 square meters of the F river in the case of the land No. 3, and the 6,040 square meters of the land in the case of the land No. 4 in the case of the

(The first, second and second lands were changed on January 13, 1958, and fourth lands were changed on September 30, 196 to rivers). E.

The registration of ownership preservation was completed in the name of the state around 1996 with respect to each land of this case.

F. On March 19, 191, K, the inheritee of the Plaintiff, was born in 1897, and came to be Australia by establishing a new family for the Ministry of Gyeonggi-si L. On January 13, 1919, the permanent domicile of the Plaintiff was transferred to Jongno-gu Seoul, with M on December 20, 1921, and was transferred to U and J on March 10, 192, and later transferred to U and J.

G. On December 17, 1946, K deceased on December 17, 1946, and succeeded to the property in succession in accordance with the rules of inheritance, such as the Civil Act ( customary law in inheritance) used under Article 1 of the Decree on Maritime Affairs and Fisheries, and the Plaintiff and P, Q, R, and S jointly inherited the property. An agreement was reached between the above inheritors to solely inherit the property.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 10, and

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