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(영문) 수원지방법원 2014.12.11 2012구합7760
하천편입토지손실보상금
Text

1. The Defendant: (a) KRW 40,080,542 to Plaintiff A; (b) KRW 7,383,257 to Plaintiff B; and (c) from August 5, 2014 to December 5, 2014 to each of them.

Reasons

1. Facts of recognition;

A. The land survey division prepared during the Japanese occupation period of Japanese occupation and land assessment 1) stated that the land survey division prepared in the land survey division prepared in the Japanese occupation period of Japanese occupation and KRW 2,119 square meters (hereinafter “instant land”) was the assessment of KRW 641 square meters in around 191, the Gyeonggi-gun E, Gyeonggi-gun, the address of Gyeonggi-gun, and KRW 20,000,000,000,000,000,000,000,000,0000,000,000,000,000,000, and00,000, was completed on February 13, 2009.

3) Although it is difficult to accurately know the time the land of this case was incorporated into a river area, the river register prepared around December 1979 and around 2002 was entered into a river area, which is a national river, and there is an embankment constructed around December 1960 in the vicinity of the land of this case. The current status of the use of the entire area of the land of this case in the area of the land of this case 2,19 square meters in high-water site of this case 711 square meters in 719 square meters in 719 square meters in 421 square meters in high-water site of this case (the part of the river), the land of this case constitutes high-water site, reservoir, etc. and detailed utilization status are as follows.

B. Around September 1928, 1928, C, the Defendant’s fleet, died in Suwon-gun, G H, N, and I inherited the property solely by the head of the household and the property. On August 1961, 1961, C, the Defendant A, a family heir, succeeded to the property as the 6/9 shares, the 1/9 shares of the non-same family register, and the 2/9 shares of the same family register, respectively. 2) On the other hand, K died in an unmarried state on February 20, 1985 (However, L had already died on November 7, 1972), the Plaintiff A, who was a child, died, was the 8/45 shares (=2/45 x 4/5), the Plaintiff A, a non-identical female heir, died solely at the time of inheritance 2/45 19/195 shares x 19/194.

3) Ultimately, Plaintiff A’s shares in Plaintiff A’s property are 38/45 (=6/98/45), and Plaintiff B’s shares.

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