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(영문) 수원지방법원 2016.04.20 2013구합11421
손실보상금
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) On July 2, 1913, the land research division prepared during the Japanese occupation point period, including the land assessment and division, F with the address in E, i.e., Leecheon-gun G Forest G 1,623, and H 509 square meters before the instant division and alteration (hereinafter “the land before the instant division and alteration”).

(2) After the process of division, land category change, change of administrative district name, etc., the 1,623 Macheon-gun G forest land was recorded as the 3,047 m2, J forest land 42 m2, K bank 1,29 m29 m2 (attached Table 1 or 3) and the 509 m20 m2000,0000,0000,000 m2,000,0000 m2,000 m2,000,000 m2,00

(Attachment 1 No. 4, and each of the above lands (hereinafter referred to as "each of the above lands") shall be referred to as "each of the above lands."

Inheritance 1) The head of M succeeded to M’s sole inheritance, and N died on December 10, 1937, and on the death of N on December 10, 1937, the head of South-Nam O solely succeeded to N’s property. Since the O died on May 7, 1968, the Plaintiffs, P and their children jointly succeeded to the P’s property. On February 23, 1999, P died and P jointly succeeded to the P’s property. 2) As the inheritance portion pertaining thereto is indicated in the calculation of the shares of inheritance, the portion of inheritance pursuant thereto is 6/13 for the Plaintiff, 6/13 for the Plaintiff, 1/13 for the Plaintiff, 2/13 for the Plaintiff, and 4/13 for the Plaintiff D.

[Ground for recognition] Unsatisfy, Gap evidence 1, 3, Gap evidence 4-1 through 3, Gap evidence 5-1 through 4, Gap evidence 6-1 through 4, Gap evidence 7-1 through 3, Gap evidence 8-1 through 4, Gap evidence 9-1 through 9-3, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. F and M, the plaintiffs' preference of the lands before the division and alteration of the main claim of this case, are the same person.

Each of the instant lands was incorporated into the river area of Qu (Local Rivers) published by Gyeonggi-do on March 1, 1965, or was incorporated into the Gyeonggi-do Public Notice S on September 29, 1982 at least.

The Defendant, a river management agency, shall each of the instant cases against the Plaintiffs who inherited each of the instant lands in accordance with the Act on Special Measures for the Compensation, etc. for Land Incorporated into Rivers (hereinafter “Special Measures Act”).

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