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(영문) 수원지방법원 2017.03.08 2013구합20722
손실보상금
Text

1. The Defendant’s KRW 2,272,400 as well as the Plaintiff’s annual rate of KRW 5% from December 20, 2013 to March 8, 2017.

Reasons

Basic Facts

In the land research division of the “Maju-gun Bri” and “Cri” written during the Japanese occupation period, E with the domicile in D was written as being subject to each of the circumstances at the Gyeonggi-gun on July 27, 191, the G 2,958, and the H 1,111.

On December 1, 1976, the instant land was divided into the 5090 square meters (hereinafter “instant land”) and J 8 square meters (hereinafter “instant land”). On December 1, 1978, the instant land was incorporated into a river area according to the Master Plan for River Maintenance (Public Notice K) and the land category of the said land was changed to a river on March 2, 1984.

After the registration of ownership preservation was completed in the name of the Republic of Korea on June 14, 1984, the land of this case was combined with 167,309 square meters of Hanam-si Innam-si around 1995, and the said combined land was re-divided into 155,347 square meters of 15,347 square meters of 15, 203 and M land.

At present, the land No. 2 in this case is part of the area of 155,347 square meters of the Hanam-si I river, and is incorporated into a river area and used for the use of N neighboring bank slope (sloping), mountain fence, reed field, road, etc., and the specific location and use status of the land No. 2 in this case is as shown in the attached Table 1 appraisal surveying result map.

Meanwhile, in around 1911, the Plaintiff, as the head hand of P, who had a domicile in the Gyeonggi-do Gwangju-gun, where the land of this case was assessed, succeeded to the pertinent P’s property solely at the time of the death of August 12, 1959.

【In the absence of dispute, Gap’s evidence Nos. 1 through 8, 14, 27, evidence Nos. 33-1 and 2, the fact-finding conducted on Jan. 13, 2015 to the head of Sungwon District Court Sung-nam Branch of Sungwon District Court, the fact-finding conducted on Mar. 30, 2015 of this Court, the fact-finding conducted on the Seoul Regional Construction and Management Office of Seoul Regional Construction and Management on Mar. 30, 2015 of this Court, the fact-finding conducted on the subordinate market of March 15, 2016 of this Court, the result of the survey and appraisal of appraiser Q, the entire purport of the pleadings, and the gist of the parties’ assertion.

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