logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.12.12 2013구합13235
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. History and status of the relevant land;

A. On June 30, 1911, C residing in Gyeonggi-gun, Gwangju-gun, was assessed at approximately 962 square meters (hereinafter “D land”). Since then, the land was divided into approximately 873 square meters before E (hereinafter “E”) and approximately 89 square meters before F (hereinafter “instant land”).

B. The land E and the instant land became the 2,350 square meters of the G river in Gangdong-gu Seoul Metropolitan Government (the H land was divided into 162 square meters before the unit conversion) and the 294 square meters of the I road, respectively, through the change of administrative district, land category, division, and unit conversion, etc.

C. At present, the instant land is a part of the area of 117,109.1 square meters in Songpa-gu Seoul Metropolitan City J Park, K road 5,982 square meters, L road 1,749.4 square meters in size, and is used as a tin village water and its neighboring mountain roads and roads.

On the other hand, the plaintiff's father C died on March 27, 1939 and succeeded to his property rights, and M also died in the state of lineal descendant, lineal descendant, and spouse on January 5, 1955, and the plaintiff who is his father inherited his property rights independently.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, 6 and 7 evidence (including each number in the case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. Since C, the assessment title of the Plaintiff’s land in this case, is the same as C, the conciliation title of the Plaintiff, the Plaintiff succeeded to the land in this case or its rights in sequence.

However, the land of this case was divided from D land and used as a road. Since the 1950s, the Han River Act (Act No. 2292, Jan. 19, 1971) enacted the former River Act (Act No. 2292, Jan. 19, 1971), which adopted the statutory principle of river area, became nationalized as it was transferred to the river site of Han River, a national river, on July 20, 1971.

On the other hand, at the time of incorporation, the current status of the use of the instant land was 212 square meters, a reservoir and a bank with the remaining 82 square meters, and thus, the Defendant is below the Act on Special Measures for Compensation for Land Incorporated into Rivers

arrow