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(영문) 수원지방법원 2014.06.19 2012구합11370
보상금청구
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. ① From around 1964, Plaintiff B had completed the registration of ownership transfer for 2/3 shares of the Plaintiff’s 2/3 shares from around 1944 to around 194, with respect to the Plaintiff’s 2,797m2 in Gyeyang-gu Seoul Metropolitan Government C (Seoul-gun D, Yangyang-gun E, the administrative district name of which was changed) F, G river 294m2 in G river, H river 242m2 in H river, ④ 1,114m2 in I river (hereinafter “instant land”).

B. On June 6, 1956, the land category of the instant F was changed to a river. The land category of the instant G, H, and I was changed to a river on January 8, 1981.

C. Article 3 of the former River Act (wholly amended by Act No. 5893 of Feb. 8, 199) that a river is state-owned with respect to each of the instant lands is the cause for registration, and the registration of ownership transfer was completed in the name of the Republic of Korea around June 1981.

The J died on April 19, 191, and at the time, both the wife and children of the J died, and the Plaintiff A, the only lineal descendant, who died, succeeded to the property of the J alone.

E. Although the time of incorporation of each of the instant lands into the river area could not be accurately known, the instant F land in the Han River Ledger prepared around February 197 stated that it was incorporated into the Han River basin, which is a national river, and each of the instant lands in accordance with the Han River Maintenance Master Plan (Supplementary and Tae Dam-gu) established around December 2002 is incorporated into the Han River basin or the Han River basin.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 6 (including branch numbers, if any; hereinafter the same shall apply), the fact inquiry results with the head of the Seoul Regional Construction and Management Administration and the purport of the whole pleadings

2. The assertion and judgment

A. The respective lands of this case owned by the plaintiffs, the summary of the plaintiffs' assertion 1, are owned by the plaintiffs, prior to December 31, 1984, the enforcement date of the amended Act of the River Act (Act No. 3782).

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