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(영문) 서울행정법원 2014.06.27 2013구합65212
손실보상금
Text

1. The Defendant: (a) to Plaintiff A, KRW 1,034,030,666, Plaintiff B, C, and D respectively, and each of them on March 14, 2014.

Reasons

1. Facts of recognition;

A. The land category of Seongdong-gu Seoul, E was changed on March 7, 1975 to a river. On December 1, 1977, a river was converted into a square meter, and a river was 2261 square meters. Gangnam-gu on October 1, 1975, Gangdong-gu on October 1, 1979, Gangdong-gu on October 1, 1979, and the administrative district was changed to Songpa-gu on January 1, 198.

B. On December 10, 1974, a land readjustment project was implemented with respect to the FJ where the instant land was located (No. 125 of the Ministry of Land, Infrastructure and Transport No. 6, Dec. 6, 1974). The said project was completed on July 7, 1982, and the cadastral record, such as the land cadastre, was closed.

C. On December 28, 1964 with respect to the instant land, the ownership transfer registration was filed in the G on September 23, 1967, the ownership transfer registration was filed in the H on September 23, 1967, and the I on August 21, 1974, and the J on each one-half of the shares.

On March 7, 1975, the registration of ownership transfer was cancelled by the above I and J on March 7, 1975, and on June 24, 1975, registration of ownership preservation was made in the future in the Republic of Korea, and on January 29, 199, the register of the instant land was closed.

E. He died on September 14, 200 and succeeded to his property rights by the Plaintiff A (the inheritance shares of 3/9), B, C, and D (each of 2/9) who is his wife and children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 7 and 8 (including both paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' alleged land became a river area due to fall around August 19, 1972, and a person entitled to claim compensation for losses pursuant to the Act on Special Measures for Compensation for Land Incorporated into Rivers (hereinafter "Special Measures Act") is the landowner at the time of incorporation of the land into the river area. Thus, the defendant is obligated to pay compensation for losses to the plaintiffs who inherited the network H's rights.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

(a)Article 2 subparagraph 2 of the Act on Special Measures;

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