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(영문) 수원지방법원 2016.02.03 2013구합17399
손실보상금
Text

1. On January 7, 2016, the Defendant entered the Plaintiffs in the separate sheet of recognition amount in the separate sheet of recognition amount in the separate sheet of recognition amount and each of the above amounts.

Reasons

1. Basic facts

A. The land research division prepared during the Japanese occupation point period is indicated as the assessment of BK’s 2,768 square meters (hereinafter “instant assessment land”) located in Si-Gun BJ prior to Si-Gun BL in Si-Gun.

B. The instant assessment land was divided into 1,717, BN, 684, 331, 36, and 36, and was cadastral restoration.

C. Of the above land, 1,717 square meters and 684 square meters prior to SinY-gun 2000 and 204 square meters prior to BN are deleted by a pair of lines, and is indicated in the red column as “river formation” and in the owner column as “state.”

The total land of the above two parcels was changed into a part of the size of 51,666 square meters in the Bgum-si, Gwangju-gun on April 17, 1984. On May 3, 1984, the land of the above two parcels was divided into a 40,407 square meters in the Bgum-si, Gwangju-gun and a 11,259 square meters in the BR river.

Since then, the 11,259 square meters of BR river in Gwangju-si was incorporated into BS bank 44,882.9 square meters in Gwangju-si according to the Partitionation and rearrangement project on August 4, 1989, and the 40,407 square meters of BT river in Gwangju-si on September 9, 2013 was combined into BT river 259,663 square meters in Gwangju-si.

E. The registration of preservation of ownership was completed in the name of each Republic of Korea on September 18, 1989 with respect to the BS bank 44,882.9 square meters, and on the BT river 259,663 square meters in the name of each Republic of Korea on May 1, 1986.

F. The plaintiffs' preference BK died on August 28, 1963 with the permanent domicile in Guro-gu Seoul Metropolitan Government BU, and the plaintiffs' inheritance relationship and inheritance shares are as shown in the attached Form 1 shares calculation sheet.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion is the land under the circumstances of BK, which is the Plaintiff’s fleet, and since the land was incorporated into the Anyang River basin which is a national river, the Defendant is the inheritor of BK pursuant to Article 2 of the Act on Special Measures for the Compensation for Land Incorporated into the River (hereinafter “the River Act”).

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