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(영문) 서울행정법원 2014.11.21 2012구합44508
하천편입토지손실보상
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. The Gyeonggi-do CJ 66 square meters was assessed against D residing in the same Ri on June 30, 201 in accordance with the land survey project. Since then, the land became the 54 square meters and 12 square meters in Seoul, Gangnam-gu E river on December 31, 1975, following the change of administrative district, land category and division.

(hereinafter referred to as "land of this case" shall be collectively referred to as "land of this case without distinguishing before and after the change of administrative district, etc., and individual land after division shall be referred only to as the lot number).

The instant land has again become 179 square meters and 40 square meters in Songpa-gu Seoul Metropolitan Government E-river and 179 square meters in F-river following the conversion of the area unit and the change of administrative district, and is currently assigned to G 216.9 square meters, etc.

C. On the other hand, H, the Defendant’s fleet, was born between his father I and J, and died on August 10, 1963.

Accordingly, H’s wife L and ASEAN jointly inherited their property rights, and thereafter L became the only heir after the death of June 25, 1980.

As M’s children, the Plaintiffs jointly inherited their property rights in equal shares upon the death of M on October 2, 1995.

[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 through 9 (including each number in the case of additional number), the result of the commission of appraisal by the appraiser N by the Korean court, the fact inquiry to the Seoul Special Metropolitan City Mayor by the Korean court, the purport of the whole pleadings

2. D, the assessment title of the land of this case, is the same as H, the plaintiffs' preference, and the plaintiffs inherited the land of this case or its rights in sequence.

However, from January 1, 1962, the date when the River Act (Act No. 892, Dec. 30, 1961) was enacted, which was originally used as farmland, the land of this case was nationalized as Han River site during the period from July 20, 1971, when the former River Act (Act No. 2292, Jan. 19, 1971) went into effect.

Therefore, the defendant is about the compensation for land acquired as river.

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