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(영문) 인천지방법원 2013.12.20 2013가단87306

토지수용금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff is a clan consisting of the descendants B B 21 years of age from among the descendants of “D” in the latter descendants of “D” at the age of B 14 years of age. On December 10, 1932, the Plaintiff registered the transfer of ownership under the name of the above trustee on October 27, 1932 with respect to H 2,528 square meters of land (which was divided into H 1,803 square meters of land, I 706 square meters of land, and J 19 square meters of land, respectively, on October 24, 2003) and registered the transfer of ownership under the name of the above trustee on December 27, 193.

B. On May 27, 2008, the Plaintiff filed a lawsuit against the heir of the above trustee, including K, seeking the implementation of the procedure for the registration of transfer of ownership on the ground of termination of title trust with the Incheon District Court Decision 2008Da62884, H 1,803 square meters (hereinafter “instant land”). On November 27, 2009, K decided to recommend that the Plaintiff implement the procedure for the registration of transfer of ownership on the ground of termination of title trust with respect to 1/6 shares out of the instant land, and this became final and conclusive on December 18, 2009.

C. On October 209, the Defendant: (a) filed an application with the Central Land Expropriation Committee for adjudication on August 12, 201, in order to incorporate the instant land into the project zone; and (b) during the process of land expropriation; (c) filed an application for adjudication with the said Committee; (d) on October 4, 2011, the Incheon District Court deposited the money for expropriation due to the incorporation of K’s 1/6 portion of the instant land into the housing site development project (hereinafter “instant compensation”); (c) on October 5, 2011, the Defendant accepted the instant land and completed the registration of ownership transfer on October 27, 201; and (d) received the instant deposit money on October 12, 2011. < Amended by Presidential Decree No. 23283, Oct. 4, 2011>

On the other hand, the Plaintiff is above B.

pursuant to the ruling of recommending a compromise under this subsection.