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(영문) 전주지방법원남원지원 2015.12.16 2015가단11060

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 28, 1965, the Defendant’s attached land B completed the registration of ownership transfer with respect to land of 3230 square meters in Namwon-si, Namwon-si (hereinafter referred to as “the land of 3230 square meters”) in the same form as “C 3230 square meters.”

B. On November 7, 1981, the “C 3230 square meters land” was designated as the route of the Highway E (hereinafter “F Expressway”) and was incorporated into the road zone on December 2, 1981.

Accordingly, the part of “CY 3230 square meters” was incorporated into a road zone, and was divided into “CY 2778 square meters” and “G road 452 square meters” not incorporated into a road zone on July 18, 1983. The Plaintiff completed the registration of ownership transfer on August 25, 1983 with respect to “G road 452 square meters” on the ground of consultation on public land on August 16, 1983.

B received, around October 18, 1983, the direct compensation for “G road 452 square meters” and the indirect compensation for “C 2778 square meters” around October 18, 1983, respectively, from the Plaintiff.

C. B died on December 9, 1998, and the Defendant, one of his successors, solely inherited “C 2778 square meters of land”.

(However, the transfer registration of ownership is made on January 4, 2010).

With the expansion of F Highway, part of the “C 2778 square meters” was incorporated into a road zone on May 20, 2009, and was divided into “C 2454 square meters” (hereinafter “instant land”) and “H 324 square meters land” incorporated into a road zone, and the Plaintiff completed the registration of ownership transfer on January 7, 2010 with respect to “H 324 square meters land” on the ground of consultation on land, etc. for public works as of January 6, 2010.

On January 27, 2010, the Defendant received 3,564,000 won from the Plaintiff as the compensation for expropriation with respect to “land of H 324 square meters.”

E. At present, on the instant land, the F Expressway passes, and the Defendant’s family is cultivating the instant land.

【Ground for recognition” has no dispute, A No. 1.