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(영문) 수원지방법원 2014.01.29 2012구합2666
손실보상금청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter referred to as "land Nos. 1 or 6" as the sequence of each land listed in the separate sheet No. 1 or 6, and each of the above lands collectively referred to as "each of the above lands of this case") is indicated as being incorporated into the Han River Ledger prepared around December 1984, the Han River Ledger prepared around August 1997, the Seosan River Ledger prepared around August 1997, and the Seosan River Ledger prepared around July 201, and is currently used as the bank site, the high-water site, the river basin, and the reservoir.

B. As to the land 1, 4, and 6, the registration of ownership transfer in each of the above I was completed on June 30, 1965, and the registration of ownership transfer in each of the above I was completed on the ground of the sale as of April 26, 1965 with respect to the land 2, on the ground of the third land as of November 29, 1969, on the land 5 as of the sale as of February 27, 1971.

C. Meanwhile, the Plaintiffs’ vessel J died on April 10, 1989, and jointly succeeded to the property of J by Plaintiff B, K, Plaintiff C, and Plaintiff D, his wife, and subsequently, on February 9, 2012, K died on the death of Plaintiff E and his wife, Plaintiff F, and Plaintiff G jointly succeeded to the property of K.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 5, 6, 7, 10, 13, 14, Gap evidence Nos. 3, 6, and 7, inquiry and appraisal about the Seoul Regional Land Management Office, appraiser L's measurement and appraisal results, the purport of the whole pleadings

2. The assertion and judgment

A. Although J owned each of the instant lands by the Plaintiffs asserted, since each of the instant lands was incorporated into the Seocheon river area, which is a national river, the Defendant shall pay the Plaintiffs, who succeeded to the J’s properties pursuant to the Act on Special Measures for Compensation, etc. for Land Incorporated into the River (hereinafter “Special Measures Act”), compensation for losses arising from the incorporation of each of the instant lands into the river area according to their statutory inheritance shares.

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