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(영문) 의정부지방법원 2015.04.28 2013구합3752
손실보상금
Text

1. As to the Plaintiff’s KRW 46,720,400 and KRW 20,000 among them, the Defendant shall start January 4, 2014, and the remainder 26,720.

Reasons

1. Basic facts

A. The “C” is deemed to have completed the registration of ownership transfer on September 23, 1964 on the entire registered matters and the certificate of closed register, and on the land cadastre and the old land cadastre, the “A” is deemed to have been transferred on September 23, 1964.

B. Thereafter, on July 10, 1967, the land category of this case was changed to “river”.

C. Although it cannot be known that the land was incorporated into the river area for the first time, it is written as a river area on both D, E-river improvement master plan prepared by the construction division around December 1984, E-river improvement master plan prepared by the Seoul regional construction management agency around August 1997, and E-basic river plan (amended) prepared by the Seoul regional construction management agency around July 201, and the Seoul regional construction management agency around July 201. The land of this case is excluded from the land of this case and is located in F, the bank on the shore side of the completed area around 1974.

On the other hand, on September 13, 2013, the Plaintiff asserted that the instant land was owned by the Plaintiff himself/herself, and filed an application for registration to correct the indication of a registered titleholder who changed the indication of the instant land from “C” to “A”. However, on September 16, 2013, the Ganyang District Court’s High Court’s High Court’s High Court’s High Branch registry office, etc. rejected the said application for registration on September 16, 2013.

E. Since then, the Plaintiff filed an objection against the disposition of the above registrar (Seoul District Court High Court Decision 2013Hun-Ma17), and the above court revoked the decision of dismissal made on September 16, 2013 by the registration officer of the same registry office with respect to the case of filing an application for the correction of the indication of the registered titleholder No. 7970 on September 13, 2013 as to the land of this case, on the ground that it is reasonable to deem that the Plaintiff and the same person are the owners of the land of this case in the register of April 29, 2014.

The above registrar shall accept the above application for registration and shall follow the purport thereof.

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