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(영문) 수원지방법원 2014.11.20 2012구합13741
손실보상금
Text

1. The Defendant each of the Plaintiffs’ KRW 8,517,600 and each of them shall be 5% per annum from October 26, 2012 to November 20, 2014.

Reasons

1. Facts of recognition;

가. 일제 강점기에 작성된 토지조사부에는 경기도(京機道) 이천군(利川郡) E ‘이천군 E’은 1941. 10. 1. E이 읍으로 승격되면서 ‘이천군 R’으로 개칭되었고, 1996. 3.경 이천군이 이천시로 승격되면서 ‘이천시 R’으로 행정구역 명칭이 변경되었다.

F 전 592평(이하 ‘이 사건 종전 토지’라 한다)을 경기도 양주군(楊州郡) G 1914년 양주군 G, 광주군 S, T이 행정구역 통폐합으로 양주군 U이 되었다가 이후 V으로 승격되었다.

H It is written that I (J) having the address in H was under the circumstances.

B. The previous land of this case was divided into approximately 409 square meters and approximately 183 square meters prior to July 20, 1978, and the area was converted into the size on October 10, 1978 and the area was KRW 1,352 square meters in YY-gun, Leecheon-gun. On March 3, 1996, Leecheon-gun was occupied by Leecheon-gun, Leecheon-gun, and the registration of ownership was made in the future of the Republic of Korea on February 9, 195.

C. Although the time of incorporation of the instant land into the river area for the first time is unknown, it is written that the instant land was incorporated into the river area of State-owned river M even in the default of the National River Maintenance Master Plan (M, N, andO) prepared by the Construction Department in 1983.

On the other hand, on July 29, 1934, the plaintiffs' prior to the death of I, the two-party P had already died, and Q has succeeded to I's property as family heir, and on June 11, 1995, Q Q has died, the plaintiffs who were their children jointly succeeded to their property.

W Q’s wife died on September 20, 1983 before Q died (based on recognition). [The grounds for recognition] of absence of dispute, entry and video of Gap’s 1, 2, and 3, and Eul’s 1 and 5 (including branch numbers), and the Seoul Regional Construction and Management Administration on June 5, 2013 and November 6, 2013 of this Court.

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