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(영문) 부산고등법원(창원) 2016.03.30 2015누10875
손실보상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 30, 1913, J. 3,607 was divided into 823 square meters prior to K and L B, 2,784 square meters prior to J., Gyeong-gun, J., J., J., J., J., J., J., J., J., Gyeong-gun, J., J., Gyeong-gun (hereinafter referred to as “each of the instant lands” in total, including 7 lots of land which are final divided into K river 134 square meters, and the individual lot number alone is specified) divided into, land category, and administrative district name change, etc. (the intermediate process and the part concerning land on which the issue of this case is not the issue was omitted). The current status of each of the instant lands and the name on the old land cadastre real estate register and closed register are as shown in the corresponding column in attached Table 1.

B. On November 16, 1968, the Minister of Construction and Transportation publicly announced that each of the instant lands (the land was incorporated into a river area before the division, but is specified as the land after the division for convenience) and the present Jinju-si Y bank 104 square meters were incorporated into a Nanche river area, a national river, and accordingly, each of the instant lands was incorporated into the Nanche river area.

C. However, among each of the instant lands, the O, P, and Q land continues to be incorporated into the said river area until now, and K, L, R, and S were excluded from the N River area after the revision to the basic river plan in 2009.

On the other hand, upon the death of June 18, 1993 by U, the Plaintiff B and I, the wife, succeeded to U’s property. On August 5, 2013, V inherited the property of Plaintiff C, E, F, G, and H, the wife of Plaintiff D and their children.

(hereinafter referred to as "the plaintiffs' fleet U and V". 【The ground for recognition has no dispute, entry of Gap 1 through 6, and evidence Nos. 8 through 12 (including the number of branch numbers; hereinafter the same shall apply) in the first instance court, the result of the entrustment of surveying appraisal to the Jinju-si branch office of the Korea Intellectual Property Corporation in the first instance court, the result of partial fact inquiry to the head of the Busan Regional Construction and Management Administration of the court of first instance, the purport of the entire pleadings.

2. The argument and judgment.

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