beta
(영문) 울산지방법원 2019.04.18 2018구합7079

손실보상금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 30, 1918, the area of 10,512 square meters of D forest land in Ulsan-gu (hereinafter “instant land before the instant partition”) was under circumstances in the future E on March 30, 1918.

The land prior to the division of this case was in trust with the ownership of the Frogate (hereinafter “instant text”) or with E, and was in the future.

B. At around 1983, G newly built a mar who is a building not registered over the land prior to the instant subdivision and the land adjacent thereto and the land adjacent thereto, and on the ground of JJ river 1,303 square meters, which is a State-owned land (hereinafter “the instant mar”), and operated the said marator at around that time.

C. On December 12, 198, L entered into a lease agreement with G on December 12, 1988, with respect to the rent of about 100 square meters for the part of the land on which the above rocks are located among the land before the instant partition, and the lease period shall be until G dies or move to another place, but G entered into a lease agreement with the lessor to transfer the “all of the building cancer and ancillary things” as the rent to L, a lessor.

The Plaintiffs, as the grandchildren of the above E on May 24, 1995, entered into a lease agreement between G with respect to rent for about 100 square meters of the part of the land on which the above rocks were located among the land before the instant partition with G on the status of its representative, and the term of lease for the land prior to the instant partition shall be from the date of G’s death (Provided, That the contract shall be renewed every five years, and a grace period shall be postponed until the date of G’s death or the announcement of the fact-finding by 2 years), and when G dies or moves into another place or moves into another place, the above contract shall be terminated at the time of a voluntary construction or extension of the ground building, or damage to the leased land, and a lease agreement with G, the lessor, without compensation, to transfer all the above ground buildings and auxiliary facilities (hereinafter “the lease agreement of this case”).

E. The Ulsan Metropolitan City Mayor on March 21, 2013 in the case.