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(영문) 수원지방법원 2013.11.07 2012구합16016
손실보상금
Text

1. The plaintiffs' claims and the independent party's claims are all dismissed.

2. The costs of lawsuit are due to the principal lawsuit.

Reasons

1. Basic facts

A. On March 20, 2013, the Land Survey Division prepared during the Japanese Occupation Period: (a) stated that H, who has an address in Gyeonggi-do G, was subject to the assessment of KRW 1,236, and KRW 1,67, and KRW 5,884 before K in the same Gun, on March 20, 2013.

B. The above land had a 4,086 square meters of L, a river (land 1), M 5,544 square meters of river (land 2), N bank 3,154 square meters (land 3), O river 13,190 square meters (land 4), P prior to P, 331 (land 5), and Qua 472 square meters (land 6), and the land category was changed to a river on April 28, 1970.

C. The lands Nos. 1-4 and 6 (hereinafter “each of the instant lands”) are excluded and bank sites, a national river, which are the hillcheon site. In the vicinity of the land Nos. 1 and 2, the ground rocks in the construction year have been constructed, and the land Nos. 3 and 6 are the bank sites of the Geumne 2, which were constructed in 1983, and the land No. 4 is excluded from the Geumne 2.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, and the result of fact inquiry to the head of the Seoul Regional Construction and Management Administration, the purport of the entire pleadings

2. Determination as to the plaintiffs' claims

A. The plaintiffs' assertion is the same as H, one of the circumstances, and since the land of this case in which the plaintiffs' preference was determined as national property by being incorporated into the Gongcheon River Area, the defendant is obligated to pay compensation for losses to the plaintiffs, who are the heir of H, pursuant to Article 2 of the Act on Special Measures for the Compensation, etc. for Land Incorporated into the River, according to their inheritance shares.

B. (1) Determination is made by a person who is assessed as a landowner in a land survey project conducted under the Decree on Land Survey in the Japanese colonial Rule as a land owner, and the circumstances address the starting point of the land ownership relationship.

In addition, for a long time from the land situation to the year of 100, there have been a lot of causes to change the transaction of land and other legal relations.

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