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(영문) 부산지방법원 2018.11.22 2017가합2376

부동산협의취득

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 20, 2002, the Plaintiff completed the registration of ownership transfer on the real estate listed in the separate sheet No. 1 as well as the real estate listed in the separate sheet No. 2, which is its ground building, on January 15, 2002. After that, on October 1, 2003, 62.8 square meters among the real estate listed in the separate sheet No. 1 was divided into the real estate listed in the separate sheet No. 3. 3.

B. On February 11, 2004, the Busan Urban Transit Authority (hereinafter “instant construction project”) obtained a project approval announcement as C in the Ministry of Construction and Transportation notice.

C. On March 22, 2005, the Central Land Tribunal rendered a ruling of expropriation of KRW 111,127,740 as land compensation and KRW 133,18,170 as land compensation, and the Plaintiff reserved an objection on April 12, 2005 and received the above compensation from the Busan Urban Transit Authority, the Busan Urban Transit Authority completed the registration of transfer of ownership in its name on April 12, 2005 as to the real estate listed in the [Attachment List No. 3] on April 13, 2005.

On September 28, 2005, the Central Land Tribunal made an objection to increase the building compensation amount to KRW 149,181,050. On November 2, 2005, the Busan Traffic Corporation deposited KRW 11,492,140 for the Plaintiff.

E. On January 1, 2006, the Defendant was established in accordance with the Local Public Enterprises Act and the Ordinance on the Establishment of Busan Traffic Corporation for the purpose of expanding public transportation facilities in Busan traffic zones, and succeeded to the rights and obligations of the Busan Traffic Corporation for the instant project pursuant to Article 5 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and Eul evidence 1, 5 through 8 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is in charge of the Busan Urban Transit Authority.