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(영문) 서울고등법원 2016.07.08 2015누34696
하천편입토지보상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. Under the Farmland Reform Act, the Plaintiff was distributed Nos. 1,825 (hereinafter “the land before the instant subdivision”) in Gyeonggi-gun, Gyeonggi-gun, and completed the repayment on September 10, 1968, and completed the procedure for the registration of ownership transfer on the ground of the completion of repayment on December 26, 1969.

B. On January 22, 1980, the land prior to the instant subdivision was divided into the 4,879 square meters in the field B, Gyeonggi-gun, Gyeonggi-gun (hereinafter “B after the first subdivision”), E, 61 square meters in the field, F, 475 square meters in the field, and 618 square meters in the field of G field.

(hereinafter referred to as “first division”). (c)

On September 29, 1987, B land was divided into B river 2,749 square meters, C bank 1,887 square meters, and D bank 243 square meters and land category change.

The second division is called ‘the second division'.

A) The process of the first and second subdivisions are as follows. The second subdivisions and the second subdivisions of the land before subdivisions (the conversion of the area on March 1, 1978) are as follows. The second subdivisions and the change of land category ( September 29, 1987) are non-high-rise lot area, lot number, lot number, lot number, area of land (land size) size (land size), area of land lot (land size), area of land lot (land size) shall be 1,825 square meters (6,03 square meters B 4,033, B 4,879 B river 2,749, B river 1,887, B 1,887, 2 D No. 2 D, 243 of the instant case No. 3 land E, 61F field, 475 G-188.

D. Meanwhile, the first construction between 1969 and 1971 was made between H, a national river, and the present bank form was made through the repair work completed in 2002.

【In the absence of dispute, each entry of Gap evidence Nos. 1, 2, 4, 5, 6, 9, 10 (including the number of pages; hereinafter the same shall apply), the result of fact-finding on the market of the strike by the court of the first instance, the result of fact-finding on the Korea Rural Community Corporation and the President of the District Construction and Management of Seoul Regional Construction and Management Office of the first instance, the purport of the entire pleadings as a whole.

2. Judgment on the Plaintiff’s claim for compensation for losses

A. The gist of the Plaintiff’s assertion is that the Plaintiff is “each land of this case, which is divided from “B after the first subdivision” to “B after the first subdivision.”

The land was cultivated before the instant partition, including B, but around 1971 at the lower part of H’s downstream.

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