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(영문) 부산지방법원 2018.09.06 2018나43675

손실보상금

Text

1.The judgment of the first instance shall be modified as follows:

The main claim in the lawsuit of this case shall be dismissed.

(b).

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the name of the Republic of Korea in the name of the Republic of Korea around January 20, 1971 on the grounds of the reversion of rights on September 11, 1948 with respect to the land of Gangseo-gu Busan Metropolitan Government B (hereinafter “instant land”).

(b) C is the name of the creative name of D, a Korean national.

C. After that, the land of this case was merged into the land of Gangseo-gu, Busan, owned by the Republic of Korea on October 18, 1986, and the defendant completed the registration of ownership transfer as the Busan District Court's Gangseo-gu registry office on May 14, 2002 due to the investment in kind as of May 14, 2002.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. On May 31, 195, F, the father of the Plaintiff’s primary assertion, purchased the instant land from D on May 31, 195, and thereafter, F, and D died, and F, the Plaintiff and D’s heir, by inheritance of each of their rights and obligations, were entitled to claim for the registration of ownership transfer against G.

On the other hand, the ownership transfer registration based on the name of the Republic of Korea with respect to the instant land in the name of D is an invalid registration made without any ground by mistake, that is, the property devolving upon the Republic of Korea, and G, the heir of D, may seek cancellation of the registration against the Republic of Korea as a claim for removal of interference based on the ownership.

However, as long as the land of this case was expropriated as the airport site in the future of the defendant and it becomes impossible to recover the name of the registration, G may seek compensation against the defendant, and the plaintiff seeks payment of the money stated in the claim against the defendant in part of the above compensation claim in subrogation of G for the preserved claim against G for the right to claim the transfer of ownership or the right to claim the transfer

B. Preliminary assertion F has occupied the instant land from March 1955, and F has died on December 11, 1976.