1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 20, 1913, the land listed in Paragraph 1 of the Attached List was assessed by B on October 20, 1913, and the land listed in Paragraph 2 of the Attached List was owned by B, and the registration of ownership preservation was completed in C’s name on April 9, 1941.

Attached Form

The land listed in paragraph (1) of the list was changed on August 29, 1928, while the land listed in paragraph (2) of the attached list was changed to a river on November 15, 1941, and was incorporated into the Southern River which is a national river.

B. C [name of satisfaction compensation: D. hereinafter referred to as “D”) is an external baby of F, who is the head of B (Satisfaction compensation name: E), and the Plaintiff is the third child of B (Satisfaction compensation name: H).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since each land listed in the attached list of the Plaintiff’s assertion is incorporated into the river area of the Southern River, which is a national river, before July 20, 1971, the enforcement date of the former River Act (amended by Act No. 2292 of July 20, 1971), each land is subject to compensation under the Act on Special Measures for Compensation for Land incorporated into a river.

B was five children and one of their married children. D, who succeeded to the property of the family head of family, was enlisted in the military of Japan in an unmarried state, and later D was discharged from military service, and there was no male who would succeed to the family head of family and there was no woman who would be the family head of family.

Accordingly, D's property was inherited equally to five children who are the most recent parents of B, and the Plaintiff solely inherited G's property which is the third children of B.

Therefore, the defendant is obligated to pay the plaintiff 1/5 out of the compensation for losses due to the incorporation of each land into river area listed in the attached list.

B. First of all, we examine whether the Plaintiff is the heir of D.

According to the former custom before the enforcement of the Civil Code, in case where the family head has died of unmarried family head and there is no other male within his family head, the family head shall be determined after the birth of the deceased family head, and the inheritance thereof shall be made.