beta
(영문) 광주지방법원 2015.09.10 2014가합8112

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As part of the public works on September 28, 2009, the Defendant (the Ministry of Land, Infrastructure and Transport under his jurisdiction) started the “national land improvement project for the C District Intersection” (hereinafter “instant project”) with the content of improving the intersection between the west-gun B 1.1km and Gwangju Metropolitan City, which connects the west-do and Gwangju Metropolitan City.

B. In order to carry out the instant project, the Defendant: (a) incorporated the area of 48 square meters and 110 square meters out of 100 square meters in the land for a gas station owned by Nonparty D, Jeonnam-gun, Jeonnam-gun; and (b) notified D of the purport thereof and the compensation plan.

C. After doing so, the Defendant requested the YY to divide the land incorporated into the land subject to the instant project, and accordingly, the said E/F land (hereinafter “instant land”) was divided into the parcel number and size as indicated below on November 19, 2009.

The instant land subject to the instant project, which is located in the Ma-gun, Ma-gun, 100 square meters in the Seo-gun, Ma-gun, 52 square meters in the land subject to the instant project, 48 square meters in the land subject to the instant project, F. 518 square meters in the Nam-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-gun, Ma-Ma-gun

D. On August 24, 2010, after the instant land was divided as above, the Plaintiff entered into a sales contract with D to purchase the instant land, and completed the registration of ownership transfer for the said E and F land only after the division on September 1, 2010. The Plaintiff failed to complete the registration of ownership transfer for the said agent G and H land. The said agent G and H land were to remain as D until the sale by compulsory auction on December 7, 2012, and the said agent G and H land remains to be owned by Nonparty C, a registration of ownership transfer for the sale by compulsory auction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 3 through 5, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant land was owned by the Defendant around November 19, 2009.