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(영문) 수원지방법원 2016.04.19 2013구합17313
손실보상금
Text

1. The Defendant’s KRW 962,878,200 among the Plaintiff and KRW 8,500,000 among the Plaintiff, shall be KRW 93,500,000 from January 8, 2014.

Reasons

1. Basic facts

A. On October 17, 1910, the land research division drafted during the Japanese occupation point period, indicated that B was assessed on October 17, 1910, C Miscellaneous land C 1,370 square meters (hereinafter “instant land”).

B. Since then, the instant land became D river 51,66 square meters due to the merger and the change of administrative district, and the area was 40,407 square meters due to the division on April 17, 1984 (hereinafter “D before the merger”), and the registration of ownership preservation was made in the name of the Republic of Korea with respect to D land prior to the merger on December 27, 1984.

Since then, D land before the merger became a 256,963 square meters of E river in the light of the merger on September 10, 2013.

C. In the default of the Han River Maintenance Master Plan (one construction section) prepared by the Seoul Special Metropolitan City in around 1977 and the default on the payment of the F River Ledger prepared in 1992, the F River Area Decision Report prepared by the Ministry of Construction and Transportation in 1996 states that the D land prior to the merger is located within F river area which is a national river. The F River Area Decision Report prepared by the Ministry of Construction and Transportation in 1996 states that the D land prior to the merger is incorporated into the river area. The F River Area Decision Report prepared by the Ministry of Construction and Transportation in 202 also states that the D land prior to the merger

Before the merger, D land is located at F's basin publicly notified as national river on April 1, 1963, F's middle shores constructed by Gyeongsung civil engineering branch office in 1932, F's middle shores, F's middle shores, and their exclusions.

B On January 30, 1929, the Plaintiff and G, H, I, J, K, K, L, M, M, N,O, P, Q, Q, R, T, and U, who were successors who inherited B in succession. Around March 2014, the Plaintiff consulted on the division of inherited property to independently own the instant land.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5 (including all evidence attached with a serial number), the fact inquiry results to the head of the Seoul Regional Construction and Management Administration and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The cause of the claim.

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