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(영문) 수원지방법원 2015.04.10 2014가단502663

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant: (a) paid KRW 34,410,00 for the instant land as compensation, and paid KRW 11,020,00 for the instant land to the Plaintiff; (b) paid KRW 93 square meters for the instant land owned by the Plaintiff (hereinafter “instant one”) and KRW 29 square meters for the E preceding 29 square meters (hereinafter “instant two land”) on May 13, 1997, according to the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation Therefor (amended by Act No. 6656, Jan. 1, 2003; hereinafter “Special Cases Act”); and (c) made a registration of ownership transfer for the instant land with respect to KRW 11,020,00 for the instant two land as compensation; and (d) made a registration of ownership transfer for the reasons of consultation on the instant land 1,200,000 for the instant land by consultation on the same day; and (e) made a registration of ownership transfer for the instant land to the Plaintiff 31, 30 or 4.

B. On December 26, 2001, the Governor of the Gyeonggi-do, on which he/she, designated the Hanjin-gu G Group as a prospective H housing site development area, designated the Korea Land Corporation (the Korea National Housing Corporation was merged with the Korea National Housing Corporation on October 1, 2009 and the Korea Land Corporation became the Korea Land and Housing Corporation; hereinafter collectively referred to as “outboard construction”) as the implementer of the H housing site development project, and approved the implementation plan for the H housing site development project (hereinafter referred to as “the instant housing site development project”) on December 27, 2004.

C. The Nonparty Corporation completed the registration of ownership transfer on October 4, 2007 on each of the instant lands on the grounds of gratuitous reversion on May 27, 2005.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. The parties' arguments and judgments.