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(영문) 서울행정법원 2014.07.11 2013구합1478
하천편입토지보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. History of the relevant land and the status of the plaintiffs

A. W residing in the Gyeonggi-gun-gun-gun-si was assessed on June 30, 191 on the 879 square meters prior to X. The said land became the Y20 square meters and Z river 2,086 square meters following the division, land category change, administrative district change, area conversion, etc.

(hereinafter referred to as "land of this case" shall be collectively referred to as "land of this case" without distinguishing before and after division, change of land category, etc., and individual land after division shall be referred only to as parcel number).

After that, the land of this case was part of the area AB large AB large 128,246.2 square meters, AC road 903.7 square meters, AD park 150,849.5 square meters, which was implemented by the Mayor of Seoul Metropolitan Government from December 10, 1974 to July 7, 1982, through a land readjustment project, etc. of AAB large 128,246.2 square meters.

C. According to the cadastral source map drawn up in 1915, the instant land was located directly adjacent to sewage in the south of the Han River at the time.

The land category of this case was changed to a river on March 20, 1953. The land category of Gangdong-gu Seoul Metropolitan Government AE, AF, and AG land located on the south of the land of this case was changed to a river on July 24, 1967, and the land category of AH and AI land located below it was changed to a river on March 7, 1975.

On December 7, 1971, the AJ filed a lawsuit for confirmation of ownership against the processed person on the ground that the land of this case is unregistered, and received a favorable judgment, and made a registration of preservation of ownership in its name on December 7, 1971.

Y Land was registered under the name of AK on May 23, 1972, and on February 8, 1973, each ownership transfer registration was made under the name of L, and on February 1, 1974, the land was registered under the name of AM on February 1, 1974.

(hereinafter referred to as "AJ, etc.") e in total, each of the above registrants including AJ.

On April 7, 1976, the Republic of Korea filed a lawsuit against AJ, etc. to cancel the registration based on ownership, and rendered a favorable judgment (75 Gohap640, hereinafter referred to as “relevant judgment”) on April 26, 197, and completed the registration of ownership preservation on the instant land on April 26, 197.

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