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(영문) 서울행정법원 2014.11.28 2013구합55505
하천편입토지보상금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. History of the relevant land and the status of the plaintiffs

A. On June 30, 191, I, who had resided in Gyeonggi-gun H, was assessed on June 30, 191 at KRW 1,641 before J (hereinafter “instant land”).

The instant land was merged with the 1,304 square meters of the K river on November 15, 1957 and became 2,945 square meters of the river on the same day, and became 334 square meters of the L, M 2,372 square meters of the river and N 239 square meters of the river on the same day.

(The individual land after division refers to the lot number, and the land after division in total). The land in this case is currently being used as a site, parking lot, etc. as the land located in the neighboring R apartment in Q Northdong located in Songpa-gu Seoul as a result of the OB readjustment Project.

B. On December 29, 1956, I, the owner of the instant land, died and succeeded to all the property rights of Australia inheritor S. On January 28, 1980, S died and succeeded to the property rights of Plaintiff A, Plaintiff B, Plaintiff C, and T and U, the inheritor.

T In May 13, 2013, upon the death of May 13, 2013, the plaintiff D, E, F, and G inherited their property rights.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiffs' assertion and judgment thereon

A. The plaintiffs' assertion that the land of this case occurred in the 1950s and became nationalized on July 20, 1971, when the former River Act (Act No. 2292, Jan. 19, 1971), which adopted the statutory principle of river area, was enforced at the latest.

Therefore, the defendant should pay compensation for losses to the plaintiffs for the land of this case according to the inheritance shares in accordance with the Act on Special Measures for Compensation for Land Incorporated into Rivers (hereinafter "Special Measures Act").

(b)as shown in the Appendix 2 of the relevant statute.

C. Determination 1 farmland is the fundamental document of the farmland distribution procedure, and if farmland is written with respect to farmland, it shall be in accordance with the above provision unless there are special circumstances.

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