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(영문) 수원지방법원 2015.01.09 2013구합17320
하천편입토지손실보상금
Text

1. The Defendant: (a) KRW 3,766,412 for Plaintiff A, B, and C, KRW 538,058, respectively, to Plaintiff D, E, F, G, H, and I; and (b) KRW 1,772 for Plaintiff J.

Reasons

1. Basic facts

A. On May 9, 1912, the Land Survey Division written around May 9, 1912 stated that U, who has an address in Gyeonggi-gun T, Gyeonggi-do, Gacheon-gun, 1,739 square meters (hereinafter “instant assessment land”) was assessed.

B. The instant assessment land had undergone the procedure for subdivision, land category change, area conversion, and change of the name of the administrative district as follows. Of the divided land, the registration of ownership preservation was completed in the name of each country of the Republic of Korea on the date indicated in the “registration details” column.

The owner (management agency) of the details of the registration for the subdivision of the land before subdivision and the conversion of the area of land category into the non-high-rise land category: V woodland 1,739 square meters in Y 266 square meters in W, 879 square meters in 173 square meters in X-X 146 square meters in 173 square meters in Y75, March 8, 1995 (Ministry of Construction and Transportation) of this case 1,297 square meters in Zine 426 square meters in Y297 square meters in 4,288 square meters in 196, Feb. 29, 1996

C. The land No. 1 in this case is a river bank, and the land No. 2 in this case is used as a river bank, farmland, high water site, grass field, sand field, and reservoir.

Although the accurate time or basis for the land was incorporated into the river area for the first time, there is a bank of provisional control in the vicinity, and according to the basic river plan (construction department of December 1983), the land which is incorporated into the sub-river and is managed until now is entered into the sub-river as a result of the basic river plan (construction department of December 1983) into the above bank in around 1982.

E. The legal domicile of U, the prior domicile of the plaintiffs, died in Gwangju City AA on September 15, 1957, and the following procedures were followed by the inheritance of children, the inheritance of children, the inheritance of married children, the agreement on inheritance, the division of inheritance, and the renunciation of inheritance, etc., the plaintiffs, the subsequent U, who were the above U, have the inheritance shares in the land Nos. 1 and 2 at the following rates

No. 1 A, B, C1/32 2D, E, F, G, H, I, 1/24 3 J 8/54 48/3,808 5 L, M 32/3, 808 6 N 5/36 7O 7/60 8 P, Q, R, S 2/52

F. The details of the compensation for losses arising from the incorporation of the land Nos. 1 and 2 into a river are not confirmed.

[Ground of Recognition] Unsatisfy, Gap's 1, 2, 4, 5.

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