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(영문) 수원지방법원 2015.08.20 2013구합5648
보상금
Text

1. The Defendant: (a) KRW 53,563,22, Plaintiff B, C, D, and E, respectively, and each of them on June 27, 2014.

Reasons

1. Facts of recognition;

가. 일제강점기에 작성된 토지조사부에 따르면 경성부(京城府) 서부(西部) F에 주소를 둔 G가 경기도 파주군 H 전 1,360평(이하 ‘이 사건 종전 토지’라 한다)을 사정받은 것으로 기재되어 있다.

B. The previous land of this case was 4,496 square meters prior to Pakistan-si (hereinafter “instant land”) following the conversion of the area unit, the reorganization of administrative district, etc., and registration of ownership preservation was completed in the future of the Republic of Korea on October 13, 1995.

C. The instant land is currently located in the river area of J and is currently used as high-water sites, storage ponds, etc., and the instant land is also indicated as river areas in the Han River Ledger “Korea River Ledger,” respectively, drafted in December 1984, and July 201.

K, the plaintiffs' fleet, had a permanent domicile in the Gansung L, Gyeonggi-do, and upon the death of June 18, 1940, M succeeded to K's property as family heir.

Since then, M died on December 7, 1985, and his wife N also died on December 6, 1994, and the Plaintiffs, who were M and N’s children, jointly inherited the instant land. Each inheritance share is 18/70 of Plaintiff A and 13/70 of the rest of the Plaintiffs.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including each number), Gap evidence Nos. 6-3, the fact-finding results with the head of the Seoul Regional Construction and Management Administration on November 25, 2013, the result of the fact-finding results with the appraiser's entrustment to the appraiser's office of this court, the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs alleged that the land in this case was owned by K, the fleet of the plaintiffs, and since the land was incorporated into the J river area and owned by the state, the defendant is obligated to pay compensation for losses to the plaintiffs, the heir of K, for which the land in this case was incorporated into the river pursuant to Article 2 of the Act on Special Measures for the Compensation, etc. for Land Incorporated into the river (hereinafter "Special Measures Act").

(b) as shown in the attached Form of the relevant statutes;

(c).

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