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(영문) 수원지방법원 2014.01.16 2012구합8435
손실보상금
Text

1. The Defendant: 36,029,647 won, Plaintiff B, C, D, and E respectively; 15,441,27 won, Plaintiff F; 18,014,823 won, and Plaintiff F.

Reasons

1. Facts of recognition;

A. In the land survey division drawn up during the Japanese occupation point period, the land survey division contains the following: (a) the address column was 42 square meters of forest land in Gwangju-gun (hereinafter “instant land”); and (b) the entire AA 1,352 square meters (hereinafter “the land in the second assessment”).

B. On August 6, 1984, the land category of the instant land was changed from forest to a river, and thereafter, 139 square meters of AB river 1,914 square meters (hereinafter “the instant land”). The land category of the instant land was changed, but the land category of the instant land was stated as a river on the old land cadastre prepared on December 9, 1976, and thereafter, the land category of the AC river 4,397 square meters (hereinafter “the instant land No. 2”) was changed from forest land to a river, following the change of the name of the administrative district, conversion of area, and merger. The land category of the instant land was changed, but the land category of the instant land was stated as a river on the land cadastre prepared on December 9, 1976, and thereafter, the said land was collectively referred to as “each of the instant land”).

C. Although the time of incorporation of each of the instant lands into the river area for the first time is unknown, the situation of the use of each of the instant lands is indicated as being incorporated into the river area of Han River which is a national river, as a reservoir, on the default of the Han River Ledger prepared on December 12, 1978.

Each of the instant lands was publicly announced as waste ceiling on April 29, 201, and became a site for waste ceiling. At present, the instant land was currently used as concrete packaging roads and tent possession sections, and the instant land was used as created green areas, non-packaged roads, and soil sites, respectively.

E. The plaintiffs died on March 31, 1946 and succeeded to the property in succession order by the plaintiffs. The specific inheritance shares are as indicated in the separate shares of inheritance calculation sheet.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), and the result of fact-finding to the head of the Seoul Regional Construction and Management Administration of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion.

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