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(영문) 수원지방법원 2015.08.27 2013구합12547
손실보상금
Text

1. The defendant 21,467,701 won, plaintiff B, C, D, E, and F respectively, and 8,391,91,919 won, and plaintiff G.

Reasons

1. Basic facts

A. The land survey book prepared during the Japanese occupation point period is indicated as being N with the address of 548 square meters prior to Suwon-gun L (hereinafter “instant assessment land”) in “M” by stating that the N having the address in “M” was under the circumstances.

B. The assessment land in the instant case was the 1,015 square meters of O-si O-si O river (hereinafter “instant land”) through division, land category change, unit conversion, and change of the name of the administrative district. As to the instant land, registration of preservation of ownership in the name of the State (state) was completed on April 10, 1996 by the Suwon District Court Seowon District Court (No. 19192, Apr. 10, 196).

C. On April 30, 1931, N, the plaintiffs' prior owner of N, died on April 30, 1931, P, the family heir of P, died on September 1, 1959, and Q, the family heir of Q, the sole inheritance of the property. On January 25, 197, Q, the wife of Q, died on January 25, 197, and jointly succeeded to the property by plaintiffs B, C, D, E, and F, who are their children, and their children. On July 3, 1987, R and their children jointly succeeded to the property. On December 4, 2007, S died, and jointly succeeded to the property by Plaintiffs G, H, I, J, and K, the wife's wife and children, and the share of inheritance according thereto are as stated in the separate inheritance agreement. The shares of inheritance are as stated in the separate inheritance agreement.

[Ground of recognition] Facts without dispute, Gap's 1 to 3, 6, 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The plaintiffs' alleged land is the land under the circumstances of N, the prior owner of which was N, and since the land was incorporated into the river area of Osancheon, the national river before 1984, the defendant is obligated to pay compensation for losses due to the incorporation of the land into the river in accordance with the Act on Special Measures for the Compensation, etc. for Land incorporated into the river (hereinafter "Special Measures Act").

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination as to the occurrence of a claim for compensation for losses

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