logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.18 2013구합21282
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The closed register (Evidence A) is written on June 23, 1970 with respect to F. 1,054 square meters in Sju City, and on July 6, 1970 with respect to F. 828 square meters in G, each registration of preservation of ownership was completed under the name of the Plaintiff A on June 23, 1970, and the mother of Plaintiff A on July 6, 1970, and on January 31, 1973, each of the above registrations is written on the cancellation of each application error.

B. On February 10, 1978, F Co., Ltd. was registered as F Co., Ltd. with a size of 3,484 square meters, and 2,737 square meters with respect to the said land (hereinafter “each of the above land before the instant subdivision”). On October 26, 1981, a 586 square meters out of the above F Co., Ltd. 3,484 square meters was divided and Jro, which was divided into 651 square meters out of the above G Co., Ltd. 2,737 square meters and divided into 651 square meters, and K Co., Ltd (hereinafter “each of the instant land”). The said F and G land remaining after the division were “each of the instant land”).

C. Each land cadastre as to each of the instant lands and each of the instant lands divided into two separate lands was restored based on the data, such as cadastral forest land sources, registers, and geographical names, etc., from 1950 to 1961 by the competent tax office after the subdivision of the 625 War. The land cadastre (Evidence A 4) is indicated as the cancellation of all the names of Plaintiff A and H, the nominal owner of each of the instant lands and each of the instant divided lands.

Since then, on February 26, 1996, Korea completed each of the instant lands divided on September 14, 1987 as to each of the instant lands, and thereafter, on August 27, 2013, the land category of each of the instant divided lands was changed to “miscellaneous land.”

E. According to the river ledger of the Han River Basic Plan prepared by the Ministry of Construction and Transportation around 1977, more than half of the land of this case was included in the river area of Article 2(1)2(a) of the former River Act (amended by Act No. 2292 of Jan. 19, 1971). According to the bankruptcy of the river ledger of the Han River Water Control Basic Plan prepared by the Ministry of Construction and Transportation in 192, each of the land of this case is included in the river area.

arrow