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(영문) 서울고등법원 2015.03.17 2014누65099
하천편입토지보상금 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. 1) The history and utilization status of the pertinent land 1,317 square meters before K in Gwangju-gun (hereinafter “instant land before the instant subdivision”) was under the circumstances of M on June 20, 191, which was at the time of the land investigation project, on June 20, 1911. 2) The land before the instant subdivision was destroyed and cadastral records were restored. The land before the instant subdivision was divided into a 444 square meters (1,468 square meters) of the New River in Gangdong-gu Seoul, Gangdong-gu, Seoul (hereinafter “instant land”). During that process, the land was divided into a 873 square meters (2,86 square meters) of rivers in Gangdong-gu Seoul, Gangdong-gu, Seoul (hereinafter “each land after subdivision”) and the land category was changed from March 20, 1953 to a river.

3) around 1966, around 1966, the part of the N was used as a bank and water flows out of the remainder. The O land of this case was in water flows out of the entire part. (4) around 1972, each of the instant land was in water flows out of the entire part.

B. On December 6, 1974, the land cadastre of this case, including each land of this case, was executed after the execution authorization and the construction division was made by the Seoul Special Metropolitan City on December 6, 1974, and the land cadastre of this case was closed on July 7, 1982 and March 2, 1987 after the completion of the compartmentalization and rearrangement project, and the land cadastre of this case was written in the land substitution designation form, while the land of this case was written in the land substitution designation form, while the land of this case was written in the land substitution form, while the land of this case was not registered in the land substitution designation form.

C. Inheritance-Related 1) The plaintiffs' prior-party P died on January 18, 1936, and Qu inherited the deceased's property as his head on his own, and Qu also succeeded to the deceased's property as his head on December 5, 1957. The deceased's children inherited as well as the deceased's property independently. R died on December 11, 1962, and on December 11, 1962, 1/7, 1/7, 3/7, 3/7, 1, 2/7, 2/7, 1/7, and 1/7, 1986, 1/7, 1/7, 2) Y jointly succeeded to the deceased's property at each ratio of 1/7, 1986.

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