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(영문) 서울중앙지방법원 2016.04.29 2013가합69250

손해배상

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Change in the right to land in dispute and current status 1) Gyeonggi-gun 3,591 land in Gwangju-gun (hereinafter “1 land”)

(B) On November 15, 1957, the land was divided into G or H on June 15, 1957, 1957, on which the F had an address in G, the G, the G, and the G, the G, the G, and the H, the G, the G, and the G, the G, the G, and the G, the G, the G, and the G,

Of these, on October 30, 1958, the Gangseo-gu Seoul East District Court's Gangseo-gu Office of Registry on 157 square meters (hereinafter referred to as "second land") filed for registration of preservation of ownership in the name of Joseon Trust Bank (hereinafter referred to as "registration of preservation of ownership" in Article 1).

At the time of October 30, 1958, the Joseon Trust Bank, a corporation, was changed to the Korea Reconstruction Bank, but it was recorded in the old registry.

3) The land 2 was changed to 157 square meters in Gangnam-gu Seoul Special Metropolitan City due to the administrative district change in 1963. On November 25, 1976, the land 79 square meters before J was divided from the land 25 November 1976 and 78 square meters (258 square meters; hereinafter “third land”) before Gangnam-gu I.

4) On June 3, 1978, the Korea National Housing Corporation (the Korea National Housing Corporation succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter the same shall apply) obtained approval from the Minister of Construction and Transportation for a housing site development project plan to construct apartment housing 7100 in Gangnam-gu Seoul and Lone Group including the third land.

(hereinafter referred to as the “instant project”). The instant project plan included the construction of M district apartment (former N apartment) in the project site, and the establishment of middle and high schools with the area of 31,066 square meters (9500 square meters) in Gangnam-gu Seoul Metropolitan Government Owon.

5) The Central Land Tribunal shall expropriate the land on October 20, 1978 as compensation for losses in KRW 3,612,000 (hereinafter “instant expropriation”) and as of November 15, 1978 (hereinafter “instant expropriation”).

The acceptance ruling was made.

The Korea National Housing Corporation shall deposit the cause of the deposit with respect to the land on November 15, 1978 as the "reasons under Article 61 (2) of the Land Expropriation Act" and the deposited person.