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(영문) 서울고등법원 2012.11.23 2012누11715
손실보상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All claims of the participants of independent parties.

Reasons

1. Basic facts

A. 1) The land survey division prepared during the Japanese colonial era is the land survey division with F having an address in Gisung Nam-gun, the Gyeonggi High-gun, the Gyeonggi High-gun on March 25, 1913 (hereinafter “pre-division land”).

2) The name of the administrative district was changed to G in 1914. The name of the administrative district was changed to that of the Ministry of Gender Equality in 1914.

3) According to the cadastral source map drawn up around 1924, the land before subdivision is the land from the bank located on the northwest. B. Entry 1 of the former land cadastre is written as follows: (i) the former land cadastre (which was drawn up in accordance with the former land cadastre Regulation (No. 45 of April 25, 1914) and has been preserved until now at the time of the incident of 625 incident, and is not destroyed; hereinafter “the former land cadastre”) on the land before subdivision; and (ii) the F with the address in the Southern Southern Southern Southern (hereinafter “instant land cadastre”) was written as being examined as the situation on March 25, 1913; and (iii) on April 1, 1914, it is written as the F’s address was changed into G.

2) 그런데 ‘1927. 5. 13. 씨명경정(氏名更正)’을 이유로 그 소유자가 ‘Q’로 변경되었다가, 다시 ‘1939. 2. 7. 소유권이전’을 이유로 그 소유자가 ‘국(國)’으로 변경된 후 현재에 이르고 있다. 다. 분할 전 토지에 관한 보존등기 및 분할 등 1) 분할 전 토지는 대한민국 정부 수립 이후 행정구역 변경, 면적환산 등을 거쳐 서울 동대문구 H 답 1,326㎡가 되었는데, 미등기 상태로 있다가 1979. 11. 19. 대한민국 앞으로 소유권보존등기가 마쳐졌다.

2) After the subdivision, the land before the subdivision was divided into the H 1,224 square meters and the I 1,02 square meters and the I 1,02 square meters (hereinafter the above two parcels are referred to as the “instant land”) on July 23, 1996.

D. 1) Of China, a national river, was designated and publicly notified as the name and section No. 139 and No. 140 of the Joseon General Notice on May 7, 1927, and the name and section were re-designated under Cabinet Order No. 1,255 on April 1, 1963.

2..

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