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(영문) 서울고등법원 2015.09.08 2015누37800
손실보상금
Text

1. Of the judgment of the court of first instance, KRW 37,582,875 against the Plaintiff and its related thereto, from September 17, 2013 to September 8, 2015.

Reasons

1. Basic facts

A. According to the Land Survey Division drawn up during the Japanese colonial era of land condition and change, C with his/her address in Gyeonggi-gun-gun B was assessed on April 1, 1912, 4,235 square meters and E return 720 square meters.

Afterwards, through the restoration of land, division, rearrangement of administrative district, change of land category, etc., ① 4,235 square meters in Gyeonggi-do, Leecheon-gun, Seoul Special Metropolitan City (hereinafter “instant land”) came to be F 13,755 square meters in rivers (hereinafter “instant land”). ② 20 square meters in Dongcheon-gun, Leecheon-gun, Gyeonggi-do, E-si, Seoul Special Metropolitan City, G 321 square meters in size (hereinafter “instant land 2”).

B. Each of the instant lands is currently incorporated into a river area of a dudune river, a national river. Of the instant land, 3,989 square meters is currently incorporated into a river area of a dune river, which is a national river, and 5,667 square meters is used as a bank site, 5,67 square meters as a reservoir, and the remaining 4,09 square meters as a sand field. The instant land 2 is used as a bank site.

C. On April 10, 1927, the Plaintiff’s preference and inheritance relationship 1) C, the Plaintiff’s preference and inheritance relationship, had a permanent domicile in the Gyeonggi-do Echeon-gun H, and died on April 10, 1927, and only succeeded to the property as the family heir. Since I died on February 25, 1966, his child, J, K, L, M, and N jointly succeeded to the property. 2) On September 12, 1983, J died, and jointly succeeded to the property by the O, P, Q, and R, and thereafter the O died on July 17, 1991, and thereafter jointly succeeded to the property by the wife, S, children T, U, V, M, and W on December 27, 2009.

3) On June 16, 1979, K died and jointly succeeded to the property by the Plaintiff, Y, Z, AA, and AB on August 14, 1978. Since AB died on October 24, 1999 and then AB died on March 11, 1992, and wife AE, children AF, AG, AH (AH died on March 17, 1994) (AH) and died on March 17, 1994, and jointly succeeded to the property by the wife, children AJ, and AK on inheritance, AL, AM, AM, N, AO.

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