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(영문) 서울고등법원 2015.07.03 2014누73823
하천편입토지보상금 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5, Gap evidence 6-1 to 3, Gap evidence 7-2, Eul evidence 1-1 to 3, Eul evidence 1-2, Eul evidence 2, Eul evidence 3, Eul evidence 4, and Eul evidence 4.

(1) On June 30, 191, 191, 191, the GJ did not distinguish before and after division, land category change, etc. (hereinafter “instant land”) from the history of the relevant land.

② On November 15, 1957, the instant land was combined with the 1,304 K river (hereinafter “K land before division”) and became the 2,945 square meters of a river, divided on the same day, and became the 334 square meters, M river 2,372 square meters, and N 239 square meters before L, and the said N 239 square meters changed from the “former” on October 19, 1970 to the “river”;

(3) The instant land is currently used as a site, parking lot, etc. in the vicinity of Q Northdong, Songpa-gu, Seoul due to a land readjustment project.

B. As to the land of this case, the former land cadastre, including the former land cadastre, is indicated as the owner “short-term, 4290 and cancellation after its merger with K on November 15, 1957.”

② The former land cadastre concerning L land written after the date is indicated as transfer of each ownership to the owner on April 4, 1967, to V, and to W on December 13, 1967.

(3) The old land cadastre as to M and N shall be entered as the owner.

④ Although the props in the farmland sheet (No. 4) of this case’s land are vacant columns, the farmland column is limited to the “Return” portion, and the farmers are indicated X.

(5) A small list of L land shall be made with regard to the land.

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