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(영문) 대구지방법원의성지원 2017.07.05 2015가단320

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 a project executor who entrusted B Co., Ltd. with the implementation of the C Project (hereinafter “instant project”) pursuant to Article 15 of the Act on Private Participation in Infrastructure and Article 24 of the Road Act.

B. On November 20, 2014, the Central Land Expropriation Committee rendered a ruling to expropriate the instant land as follows:

(hereinafter referred to as “instant adjudication on expropriation”). - Amount of compensation: 4,541,960 won - Date of commencement of expropriation: December 22, 2014 - An appraisal corporation: D and an appraisal corporation E (hereinafter referred to as “appraisal on expropriation”)

C. Although the Plaintiff filed a lawsuit against the Central Land Expropriation Committee seeking revocation of the instant adjudication on expropriation, the said judgment was rendered against the first instance court (Seoul District Court 2015Guhap99), October 28, 2016 (Seoul High Court 2016Nu4134), and the final judgment became final and conclusive on March 15, 2017 (Supreme Court 2016Du60584).

[Ground for recognition] A without dispute, Gap evidence Nos. 1-4 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1-6, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the land of this case was already expropriated and used according to other public works around 2002, the defendant had violated Article 19(2) of the Land Compensation Act by including it in the object of expropriation of the project of this case again.

B. The instant project implementer did not notify the Plaintiff of the plan, consultation, etc. of the instant land compensation plan, etc., and did not go through the announcement procedure in lieu of the notification. Accordingly, the Plaintiff was unaware of whether the instant land is subject to expropriation.

C. The adjudication of expropriation of the instant land was made through a forged appraisal report, an application for adjudication, and a written statement of land and a written statement of consultation containing false details, including a written adjudication of expropriation attached by the attached Form, with a false recognition after the fact.

Of the instant land, F.W. F. 499 square meters and G.