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(영문) 대구지방법원상주지원 2019.02.13 2018가단7169

소유권말소등기

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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. A. Around May 31, 1920, H, the Plaintiff’s Chocheon-gun, was assessed against F. 3,669 square meters on the 3,669 square meters.

B. On January 17, 1990, the above land was divided into F road 1,981 square meters, G road 523 square meters, I road 1,165 square meters, and the registration of preservation of ownership was completed on F land and G land due to consultation on public land in the name of the Defendant.

(hereinafter referred to as “instant land”). The Plaintiff completed the registration of initial ownership around October 26, 2017 for the said land, including the above F and G land after division.

C. Meanwhile, with respect to the instant land, J was issued a certificate of ownership of real estate from K pages, and the Defendant’s land compensation ledger stated that J compensateed for KRW 1,627,600 on December 1, 1989 and completed registration of ownership preservation.

On November 8, 1995, the land of this case was designated and announced as a local highway L zone by the defendant, and the defendant has been managing it until now.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the plaintiff's claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff, the inheritor of H, was the lawful owner of the instant land, based on which H’s assessment was conducted.

The J asserts that the defendant paid compensation does not have received compensation, and the defendant does not present all the supporting documents.

Even if the defendant paid compensation to J, it is invalid because it is the fact that he paid compensation to a person without title and acquired land.

B. Determination 1) The concessionaire’s determination on the cause of the claim is based on the former Special Act on Public Use and Compensation for Loss (hereinafter “Special Act”).

Article 5 and Article 3 of the Enforcement Decree of the same Act shall apply pursuant to Article 5 (6) and (7) of the Special Act following the payment of compensation to a person who has been issued a certificate confirming that he/she is a legitimate right holder in consultation with the head of the relevant Gu, etc.