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(영문) 서울중앙지방법원 2015.08.19 2014나7574
손해배상(기)
Text

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

Reasons

Facts of recognition

In a forest survey report prepared during the Japanese occupation occupation period, the Gyeonggi-do Seo-gun B (limited to the current administrative district B) forest land C 81,800 square meters (hereinafter “previous 1 forest”) refers to the F, D, E, G 600 square meters (hereinafter “previous 2 forest”) residing in W are written by D residing in W, respectively.

The number of land was changed to 813 square meters in Jin-gun, Gyeonggi-do, which was divided from the previous 1 forest and field, and the area was converted to the area unit. The previous 2 forest and field were changed to the area of 426 square meters in K (hereinafter referred to as “second land before annexation”) after undergoing the adjustment of area in 129 square meters due to division, and the number of land was changed to the area of 426 square meters in K (hereinafter referred to as “second land before annexation”); and the same was added to one land before annexation, and the unit of area was converted to the area.

The land cadastre of each land before annexation was entirely destroyed due to the incident of 625 incidents, and the tax office in charge of cadastral records at the time was restored. The tax office restored the land cadastre of each land before annexation, and the tax office entered the land owner of one land before annexation in W and two other, and the land before annexation in D with W, according to the circumstances of each land.

Article 8 of the former State Property Act (amended by Act No. 6072 of Dec. 31, 1999) and Article 4 of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 15487 of Oct. 1, 1997) provide that “The office of general administration or the office of administration shall acquire non-owned real estate through the procedures published in the Official Gazette and daily newspapers the notice that “if there is no report by a person who asserts any right to the real estate concerned within six months after the public notice, the office of general administration or the office of administration shall acquire it as State property”.

The head of Ansan-Gun shall announce each land before annexation in accordance with the procedure for acquiring the aforementioned non-owned real estate as delegated by the defendant's agency.

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