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(영문) 서울고등법원 2016.12.27 2015누39141
손실보상금
Text

1. The plaintiffs' appeals and the claims extended in the trial are all dismissed.

2. Assistance from among the total costs of the lawsuit shall be made;

Reasons

1. Basic facts

A. On August 17, 1917, the current status of the land and the right change in the public record in the Seoul Special Metropolitan City Gwangjin-gu, the ownership transfer registration was made on August 17, 1917 with respect to the land No. 745 square meters and G No. 1,445 (hereinafter “instant No. 1,2 land” in the order of 745 square meters and G No. 1,445 (hereinafter “instant land”).

Each land of this case was changed into a river on January 13, 1941, and its category was closed on December 9, 1975, and each new register was made in the name of the Republic of Korea on the ground that it was a river site.

Each of the instant lands was incorporated into the Han River basin, which is a national river, and became a site due to the bank construction and expansion works around 1976, and each ownership transfer registration was made on September 28, 1978, and the land category was changed to the site around that time.

B. On April 2, 1950, the deceased on April 2, 1950, I inherited the property solely with the family inheritance. On April 21, 1964, I inherited the property of eight (8) inheritors, i.e., the wife, the Plaintiff’s Intervenor, the Plaintiff’s children, and the Plaintiff’s Intervenor, the wife, K, L, M, N, etc. (hereinafter “eight heirs”).

The J died on March 5, 1972 and succeeded to the property of the Plaintiff’s Intervenor, K, L, M, N, etc. who is a child.

Since July 7, 199, M succeeded to the wife's O, P, Q, and R's property. On February 18, 2002, N succeeded to the wife's us, children, and U.S. property.

At present, descendants who inherit the deceased H’s property are 12 persons including the Plaintiff’s Intervenor (hereinafter “heirs”).

C. A related civil case 1) V filed a lawsuit claiming ownership verification, etc. against the Defendant, Republic of Korea, etc. on the ground that V purchased each of the instant lands from 8 heirs (Seoul Civil District Court 88Gahap15473, Feb. 10, 1988; W, X, Y, and Z, the heir of the networkV, taken over the said lawsuit.

The Seoul Central District Court on April 1990.

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