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(영문) 서울고등법원 2011.09.23 2011누8415
하천편입토지손실보상
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. A. On June 1913, X with the domicile in the Gyeonggi-do Pakistan-gun, Gyeonggi-do, was under the circumstances of No. 922 U.S. (hereinafter “Defendant 1”) and No. 14,708 of Gyeonggi-gun, Gyeonggi-do (hereinafter “No. 2”) (hereinafter “instant assessment land”), including the land under the circumstances of No. 1, and “each of the instant assessment land.”

B. Each land cadastre on each of the instant assessment land was destroyed by the 625 column, and was restored around September 1964.

C. After that, according to the change of administrative district name, conversion of area, etc., the land in question was the land indicated in the attached Table 1 (hereinafter “land 1”); the land in question was the land listed in the attached Table 2 through 5 (hereinafter “each of the instant land”; the land in question was the land listed in the attached Table 2 through 5 (hereinafter “land 2 through 5”); and the land in question collectively referred to as “each of the instant land”; and the land in question, the land in question was the 2,428 square meters (al. 8,026 square meters) and

(No. 4 of November 1968; No. 2 of March 24, 1975; and No. 3 through 5 of land and No. Y land were changed into a river on July 10, 1967.

The registration of preservation of ownership was completed in the name of the State on April 7, 1975 and April 29, 1975 with respect to each land of this case, and the cadastral record was closed upon the completion of the land readjustment project on June 5, 1982.

E. At present, each of the instant lands is currently used as rice paddys, dry field, high-speed roads, and roads for farming use, etc., located on the outside side of a river based on AK, which was festivald in the vicinity of each of the instant lands from around 1976 to around 1979 by the Seoul Regional Land Management Agency.

F. On January 14, 1930, the Plaintiffs’ prior X had a permanent domicile in Gyeonggi-gun AE, and died on January 14, 1930.

The plaintiff et al. succeeded in succession according to the rules of inheritance of property such as the Civil Code ( customary law in inheritance) used under Article 1 of the Decree on the Civil and Civil Affairs of the above X due to the death of the above X.

The details of the inheritance and the inheritance portion of the inheritor, including the plaintiffs, shall be recorded in the attached share calculation sheet.

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