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(영문) 수원지방법원 2015.02.05 2013구합8050
손실보상금등
Text

1. The Defendant’s KRW 48,567,200 among the Plaintiff and KRW 46,679,600 among them, shall be KRW 1,87,600 from September 25, 2013 to KRW 1,887,60.

Reasons

1. Basic facts

A. The Land Survey Board prepared during the Japanese Occupation Period is indicated in the Land Survey Board that C, having address in Gyeonggi-gun B, Leecheon-gun, Inc., was under the assessment of 1,371 square meters prior to the Gyeonggi-gun, Leecheon-gun (hereinafter “instant assessment land”).

B. The instant assessment land became a 4,532 square meters of Gyeonggi-gun E river (hereinafter “instant land”) following the change of land category and conversion into the area. Korea completed the registration of preservation of ownership on the instant land on February 29, 1996. The instant land was combined with the F river 7,293 square meters on December 17, 2012.

C. On September 15, 1937, C, the head of Dongcheon-si, who had established the permanent domicile in G, died without an inheritor, and C, upon the Plaintiff’s mother I’s consent on March 2, 1955, selected the Plaintiff as an ex post facto adopted child. On March 5, 1979, C’s property was solely inherited by the Plaintiff.

At present, 2,480 square meters among the land in this case is a high water site, 574 square meters is a sand field, and 1,478 square meters are being used as a reservoir.

[Ground of recognition] The fact that there is no dispute, each description or image of Gap evidence 1 through 8 (including a paper number), the result of the court's request for survey and appraisal to the appraiser J of this court, the fact inquiry results of this court's fact inquiry about the Leecheon market, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the land under the circumstances of C, which is the Plaintiff’s fleet, and since the land was incorporated into the river area of a double river, which is a national river, the Defendant is obligated to pay compensation to the Plaintiff, the heir of C, in accordance with the Act on Special Measures for Compensation, etc. for Land Incorporated into the River (hereinafter “Special Measures Act

B. (1) Determination (1) Whether the identity of the title holder of the assessment and the Plaintiff is identical to C and the Plaintiff’s Chinese name, the assessment title of the assessment land of this case, are the same. The address of C, the title holder of the assessment, and the legal domicile of the Plaintiff, are the same as the address of C, the legal domicile of the Plaintiff, and the actual address of the Plaintiff at the time of the preparation of the Land Investigation Book,

special circumstances, such as that the Dong has resided in the area.

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