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(영문) 부산지방법원 2015.08.20 2015가단210305

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the executor of the construction project of the 2-stage Busan subway line 3 (Smi-Saeung) and the Plaintiff is the owner of the building with the 243.8 square meters wide and above ground-based 3-story building in the Geum-gu, Busan (hereinafter “instant land”).

B. In order to implement the said subway construction, the Defendant publicly announced a compensation plan between November 26, 2003 and December 9, 2003, and notified the Plaintiff to submit an objection via inspection. The Defendant requested consultation between December 19, 2003 and February 18, 2004. However, the agreement was not reached, but the Central Land Expropriation Committee decided to accept the compensation for the instant land and buildings at KRW 249,315,910 (site 11,127,740, obstacles, KRW 138,18,170), and the date of expropriation at May 10, 2005.

C. On April 2005, the Plaintiff received the said compensation amounting to KRW 249,315,910, while dissatisfied with the said adjudication of expropriation, and asserted compensation for real estate rental income accrued from the expropriation of the instant land and payment of compensation following the decline in the remaining value of the instant land, but the Central Land Expropriation Committee, on September 28, 2005, changed the said compensation amount to KRW 149,181,050 by increasing the compensation amount to KRW 149,181,050. The Plaintiff’s remaining arguments were dismissed.

On November 2005, the Defendant deposited KRW 11,492,140 of this Court in this Court, 2005, by designating the Plaintiff as the principal deposit in accordance with the above ruling on objection made by the firstman of November 2005.

E. The defendant completed the registration of transfer of ownership as the receipt No. 9852 of April 13, 2005 on the land of this case by agreement on April 12, 2005.

(hereinafter referred to as “instant registration of transfer of ownership”). / [Grounds for recognition] The entry in Gap’s Evidence Nos. 2, 3, 5, and Eul’s Evidence Nos. 7 through 10 (including a serial number)

2. The plaintiff's assertion and judgment

A. The ground for the registration of transfer of ownership on the land in dispute of the Plaintiff’s assertion is as follows.