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(영문) 서울고등법원 2014.12.12 2013누52454
하천편입토지손실보상금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

The defendant shall pay to the plaintiff KRW 10,090,845 as well as to the plaintiff on July 2013.

Reasons

1. In the Land Survey Book drawn up during the Japanese Occupation Period of Basic Fact-Findings, the land Survey Book is written as follows: B, the address of which is in blank, shall be 2,044 square meters for the Gyeonggi-Pacific Group C.

As the above-mentioned land was restored on August 1, 1961, the land was divided into D 874 square meters (hereinafter “the mother land of this case”), E 354 square meters, AG 693 square meters, etc.

After that, the land category was changed to the river on April 28, 1970, and the land category was divided and land category was changed to the nearest 537 square meters on June 29, 1974, F bank 185 square meters and G river 152 square meters.

The area conversion and change of the name of the administrative district, etc. in the above land and E bank 354 square meters divided from the mother land of this case were as follows: D 1,184 square meters (land 1), E bank 1,170 square meters (land 2), F bank 612 square meters (land 3), G river 502 square meters (land 4).

(B) According to the Han River Maintenance Master Plan drawn up on December 12, 1986 and the Ycheon Basic Plan drawn up on July 2012, 2012, each of the instant lands (the entire area of each land) is indicated as the Gongcheon River basin, a national river, and H (the USF map in the livestock year; hereinafter “former bank”) in the land 2, and AH (the USF bank in the livestock year; hereinafter “former bank”) in the land 3.

On the other hand, the present status of each land of this case is as follows.

In the case of the method of removing land in the area of the second land as of the present land, 10 attached drawings (A) 578 attached drawings (B), 122 attached drawings (C), 185 attached drawings (E), 156 attached drawings (f), 242 attached drawings (G), 116 attached drawings (A), 119 attached drawings (j), 303 attached drawings (k), 80 attached drawings (l), 119 attached drawings (G), 203 on the high-water site of the land of the 4th attached drawings (G), 254 drawings, 116 attached drawings (G), 303 drawings (k), 80 attached drawings (l) on the upper part of the 4th half of the 1953.

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