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(영문) 수원지방법원 2015.06.03 2013구합16969
손실보상금
Text

1. The Defendant’s KRW 82,483,670 among the Plaintiff and KRW 34,66,664 among them, shall be KRW 47,817,06,06.

Reasons

1. Basic facts

A. On April 1, 1913, the Land Survey Board prepared during the Japanese Occupation Period was registered as the assessment of B B’s approximately KRW 2,012 (hereinafter “instant assessment land”). However, the said Land Survey Board has both the address and column of B, who is the name of the assessment.

B. After the land category was changed to KRW 1,709 of the Gyeonggi-gun D river and KRW 189 of the Gyeonggi-gun E-gun, Gyeonggi-gun, and KRW 189 on August 1, 1961, each land listed in the separate sheet No. 1 in the separate sheet No. 1 (hereinafter “each land of this case”) was changed through division, conversion of the area, and change of the name of the administrative district. As to each land of this case, registration of preservation was made in the name of the Republic of Korea on July 23, 1996.

C. On December 17, 1964, the Plaintiff’s fleet B, who had his permanent domicile in F, died on December 17, 1964, succeeded to B’s joint property by G (the head of South and North Korea, Australia inheritance), H, I, J, K, L, M, and N. The wife died on January 25, 1974, and the said wife jointly succeeded to B’s property.

G A deceased on March 30, 1978, the plaintiff (manam, Australia inheritance), P, Q, R, and S jointly inherited his or her property. The O died on November 9, 198, and the above children jointly inherited his or her property.

The specific inheritance shares are as shown in the calculation table of inheritance in attached Form 2.

On December 9, 2013, the Plaintiff, P, Q, R, and S agreed on the division of inherited property with the content that their inheritance shares inherited from G andO are owned by the Plaintiff solely.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 12 (including branch numbers, if any) and the purport of whole pleadings

2. Assertion and determination

A. Each of the instant lands alleged by the Plaintiff is the land under the circumstances of B, which is the Plaintiff’s fleet, and since each of the instant lands was incorporated into the river area of Ycheon, which is a national river, the Defendant is below the Act on Special Measures for Compensation for Land incorporated into the river.

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