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(영문) 수원지방법원 2016.09.29 2013구합4652
손실보상금
Text

1. On April 22, 2016, the defendant's each of the money stated in the separate sheet No. 1 of the plaintiffs as stated in the separate sheet No. 1 as well as each of them.

Reasons

1. Basic facts

A. The Land Survey Book prepared during the Japanese Occupation Period “A” indicates that C with the address in B was under the assessment of 1,174 square meters (hereinafter “instant assessment land”) around October 17, 1910 by Gyeonggi-gun, Gyeonggi-gun, Gyeonggi-do.

B. At the time of the land survey project, the land category was registered as “miscellaneous land.” On October 5, 1983, the land category was registered as “miscellaneous land.” On May 3, 1984, the area was 63,90 square meters in size due to the division on May 3, 1984 (hereinafter “the land divided as above”), and on the land before the annexation on December 27, 1984, the registration of ownership was completed in the name of the Republic of Korea as to the land before the annexation.

Since then, on September 10, 2013, the land prior to the annexation was part of F-river 256,963 square meters at the time of Gwangju-si after the merger.

(C) Of the above land, the part constituting the instant land (hereinafter “instant land”).

At present, the instant land is classified into the river area of H, which is a national river, and belongs to the site and exclusion of the site of the dysium of the Class H and the hysium, and the specific location and detailed utilization status are as shown in the attached Table 2.

On the other hand, G, the prior tenant, died on July 30, 1975, and the inheritance relationship and inheritance shares of the plaintiffs are as shown in the attached Table 3.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including each number if there is a serial number), the fact inquiry result against the head of the Seoul Regional Construction and Management Administration of this Court, the result of the appraisal commission to appraiser I of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' alleged land is the land under the circumstances of G, which is the plaintiffs' prior owner, and the plaintiffs succeeded to the rights related thereto in succession from G. Since each of the above land was incorporated into H's river area which is a national river, it is owned by the State, the defendant is below the Act on Special Measures for the Compensation for Land Incorporated into River.

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