도로 및 구거 편입 토지보상 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, as part of the Saemaeul Movement around 1977, set up a plan to move the C Village in the vicinity of the Si of Jung-Eup, Jung-gu, and recommended C village residents to promote the C Village Relocation Project with private roads.
B. Accordingly, C village residents organized a committee for the promotion of the structural improvement of the village moving into C village to move a village to the surrounding areas of each land listed in the separate sheet Nos. 1 and 2 (hereinafter “each land of this case”) and to improve the village structure. D, as the head of the C village at that time and the promotion committee for the relocation of C village, led to the purchase of land for the village moving including each land of this case for the relocation of C village.
At the time D paid part of the purchase price of the village relocation site in person because the residents' financial resources were weak in promoting the above work.
C. The Defendant, on the land purchased by the said promotion committee, has supported the site carbon work so that C village residents can live in a house, and also supported village infrastructure construction, such as roads, ditches, and sewerage.
The above promotion committee divided the remaining land except each land of this case where settlement infrastructure, such as roads, ditches, sewerage, etc., is constructed into a housing site. The price of the land was set differently according to the distance on the roads of the divided housing site. The price of the land was appropriated for the total purchase price of the village relocation site including the land on which the settlement infrastructure is installed as the price of the land paid by the residents of the village. D did not receive part of the purchase price of the site for the village relocation.
E. Meanwhile, each of the instant lands is part of the land on which village infrastructure, such as roads, ditches, and sewerage, is installed among the village relocation sites purchased by the said promotion committee, and is jointly owned by C Village residents under the Defendant’s management.