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(영문) 수원지방법원 2015.04.28 2013구합17085
손실보상금
Text

1. The defendant,

A. As to the Plaintiff A’s KRW 6,233,253 and its KRW 3,00,000 among them, January 8, 2014 and the remainder of KRW 3,233.

Reasons

1. Basic facts

A. In the land survey division drawn up during the Japanese occupation point period, the land survey division is written on May 14, 191, stating that L (L) having a blank space was subject to the assessment of the entire 292 square meters (hereinafter “instant assessment land”) of Suwon-gun M on May 14, 191.

B. The instant assessment land became a 965m2 of Man-si river in Gyeongsung, following the change of land category into a river, the registration of conversion into the area, the change of administrative district, etc., and the registration of preservation of ownership was made in the name of the Republic of Korea on April 10, 196.

C. On February 2, 1950, L (L) the plaintiffs, who had their permanent domicile in Suwon-gun N (the administrative district change, which became the O), died, and P, the head of the household, independently inherited the family and inherited the property. P died on March 13, 1982 and died on March 13, 1982, and P, the plaintiff I, J, K and I, and R, who was a married father at the time, inherited the property according to the statutory shares.

S died on June 30, 1984, and Plaintiff F, G, and unmarried his wife, Plaintiff H, who was his wife, jointly succeeded to the property of S.

Q died on January 4, 1990 and jointly succeeded to the property of R, Plaintiff I, J, K, and S, and Plaintiff E, F, G, and H, which are the substitute successors of R, and R, and R died on March 14, 1991 and jointly succeeded to the property of Plaintiff A, B, C, and D.

The specific inheritance shares of the plaintiffs are as shown in the annexed share calculation sheet.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 2, 4-1, 5-5, 2-2, and 5-1, and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Determination

A. The Defendant asserts to the effect that, according to Article 2 of the Act on Special Measures for the Compensation, etc. for Land Incorporated into Rivers (hereinafter “Special Measures Act”), the Defendant, a local government, has no obligation to compensate for losses.

The Special Metropolitan City Mayor, the Metropolitan City Mayor, or the Do Governor shall have a loss.

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