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(영문) 수원지방법원 2016.06.15 2014구합52535
손실보상금청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 25, 1911, the Land Survey Book prepared in the Japanese Occupation Period is written by F with the address in Gwangju-gun, Gwangju-gun, G field 294 square meters (hereinafter “instant assessment land”).

B. On May 31, 1958, the land category of the instant situation was changed to “river”; thereafter, the land classification was changed to “river”; and after the change of the name of the administrative district, “972 square meters of G-si G-si, Gwangju-si” (hereinafter “instant land”).

C. The defendant completed registration of preservation of ownership of the land of this case on March 26, 1996.

On October 14, 1923, F, who had a permanent domicile in Gwangju City H, died on October 14, 1923, and I inherited F’s property solely, and I died on October 1, 1958, and J solely inherited I’s property.

The J died on December 10, 1987 and jointly succeeded to the property of K and the Plaintiff A, and on January 4, 2003, K died and the Plaintiff C and D jointly succeeded to the property of K.

E. Plaintiff A filed a lawsuit against the Republic of Korea seeking the cancellation of registration of initial ownership of the instant land, and the Seoul Central District Court rendered a favorable judgment against the Plaintiff on November 21, 2013, on the ground that “F, the assessment titleholder of the instant situation, and “F, the preference of the Plaintiff A, the assessment titleholder of the instant land, and the preference of the Plaintiff A,” respectively.

(2013da 170160) The above judgment became final and conclusive around that time.

F. The Governor of the Gyeonggi-do designated L as the mutatis mutandis river under Article 9 of the former River Act (amended by Act No. 892 of Dec. 30, 1961) and Article 8 of the Enforcement Decree of the same Act (amended by Ordinance No. 548 of Mar. 22, 1962; hereinafter the same) on March 1, 1965 pursuant to the Gyeonggi-do Public Notice No. 3148 of Mar. 1, 1965, and publicly announced its name and section.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Since F, the Defendant’s prior owner of the Plaintiffs’ assertion, was examined into the instant land, and the 294 G river of Gwangju-gun was incorporated into L river area on March 1, 1965, the Defendants were the instant land.

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