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(영문) 서울행정법원 2015.12.24 2013구합57938
손실보상금
Text

1. As to the Plaintiff A’s KRW 51,93,900 and KRW 50,000 among them, the Defendant shall start from September 4, 2013 to September 30, 2015.

Reasons

1. Basic facts

A. Plaintiffs C (DB No. 14, 14, hereinafter referred to as “Plaintiff C (14”), E, F, G, H, I, and J are owners on the register before the nationalization of each of the pertinent lands listed in the annexed land list (hereinafter referred to as “instant lands”). Plaintiff C(14) is the heir as the deceased K’s legal spouse, the owner on the register before the nationalization of the pertinent land.

B. During the period from November 22, 1930 to October 21, 1936, the Joseon General Co., Ltd. established NY at the time of Yeongdeungpo-gu Seoul Metropolitan City L and at the end of the same Gu M. The instant land became excluded from the lower part of the said N.

C. The instant land was registered in the name of the owner until the registry was closed on the ground of incorporation into the river area in around 1999, despite the incorporation into the river area. As such, the former River Act (amended by Act No. 2292 of January 19, 1971; hereinafter “the River Act of 1971”) which stipulates that all exclusions from the river area should be incorporated into the river area on July 20, 1971, became a state-owned land. D. The Defendant entered the deposit details in the separate sheet pursuant to Article 2 of the Addenda of the former River Act (amended by Act No. 3782 of December 31, 1984; hereinafter “the River Act of 1990”) in accordance with the provisions of Article 2 of the Addenda of the former River Act (amended by Act No. 3782 of December 31, 1984; hereinafter “Plaintiff”).

In 202, the Act on Special Measures for the Compensation for Land incorporated into a River Area (amended by Act No. 6065, Dec. 28, 1999; amended by Act No. 6772, Dec. 11, 2002; hereinafter referred to as the “former Act on Special Measures for the Compensation for Land incorporated into a River Area”) was amended by the Act on Special Measures for the Compensation for Land incorporated into a River Area (hereinafter referred to as “former Act on Special Measures for the Compensation for Land incorporated into a River Area”).

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