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(영문) 수원지방법원 2016.01.13 2013구합15782
손실보상금
Text

1. The defendant

A. The amount of KRW 154,845,00 for Plaintiff A and the amount of KRW 15% per annum from December 23, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Land Survey Book, “Yju-gun C,” prepared in the Japanese colonial era, stated D, June 14, 1913, that the land survey book was 2004 square meters (hereinafter “land before division”) prior to the so-called “Priju-gun”) under the Land Survey Ordinance.

B. The land before subdivision was 5,550 square meters (hereinafter “instant land”) prior to the date when it was located in the Republic of Korea on October 13, 1995, following the restoration of the land and the change of administrative district. The registration of preservation of ownership was completed in the future of the Republic of Korea on the instant land.

C. The surface of the instant land, adjacent to the instant land, where G was built around 1970, the instant land was located in the lower part of the river basin from G. The instant land was located in the lower part of the river basin. The instant land was designated as the river area of the Jinjin River in entirety in the default on payment under the Basic Plan for River Maintenance and Improvement of the River from 1980, prepared on 192, on the default on payment under the Han River Water Control Basic Act on 1992, and on the default on payment under the Basic Plan for River Maintenance and Improvement of the River Basin prepared on 201.

The land of this case is currently located in the civilian access control area, and was used as a question or answer as a result of the original survey.

E. Upon the death of February 7, 1920 by the plaintiffs' fleet D, H, his/her son, succeeded to Australia and property independently.

F. On January 9, 194, H died without a male inheritance by Australia, and upon the death of Australia on November 5, 1953, the deceased on November 5, 1953 under the condition that I, the wife, was the female head, according to the former custom, inherited H’s property independently, but did not select both ex post facto.

G. On May 30, 1956, J succeeded to the right and property of Australia that was adopted as a post-help of H on May 30, 1956 and succeeded to I.

H. On March 13, 1980, J died on March 13, 1980, and jointly succeeded to the property by Plaintiffs A and B, a family heir, as the wife K and two children. Since then on December 23, 1985, K died and jointly succeeded to the property by Plaintiff A and L, and on December 2009, L died and jointly succeeded to the property by M and B.

[Ground of recognition] The fact that there is no dispute, A.

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