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(영문) 서울중앙지방법원 2015.12.11 2015가단52259
소유권이전등기
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. C had completed the registration of ownership transfer on February 20, 1964 with respect to the Fanyang-gun D (the name of the administrative district was changed to Dongyang-gu, Seoyang-gu) of Goyang-gun, Gyeonggi-do (hereinafter “the mother land of this case”) 1,984m2 (hereinafter “the mother land of this case”).

B. From the mother land of this case, Gyeonggi-do Goyang-gun Gan-gun G-do was divided on December 5, 197, and the Defendant was entitled to the said divided portion on May 20, 1983 for the same year on the ground of the acquisition by agreement on May 20, 1983.

6. 10. The registration of the transfer of ownership under the Defendant’s name was completed, and the said divided portion was corrected on December 8, 2009 and eventually became the forest of this case.

C. The deceased C died on July 23, 1970, and the plaintiffs are the deceased C's children, sembar, and grandchildren.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

A. On April 1, 1983, the Plaintiffs’ assertion and judgment were deemed to have been announced by public notice in the Army Chapter 7163, wherein the owners of the instant forest were H, and the forest of this case is deemed to have been acquired through consultation pursuant to Article 6(1) of the Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Damages, which would substitute for consultation by public notice when the project operator is unable to hold consultation due to the unknown address or residence of the owner of

However, the deceased C was dead on July 23, 1970 and did not continue to exist at the time of the above acquisition, so the service by public notice to the deceased C is illegal, and the acquisition through the process of service by public notice and the registration of transfer of ownership in the name of the defendant is null and void.

Article 4 (1) of the Enforcement Decree of the Act on Special Cases concerning the Acquisition of Land for Slaughter, Acquisition of Land for Public Use, Compensation for Loss, etc., shall be served by public notice with the approval of the Do governor, etc. having jurisdiction over the land, etc., along with a letter of change of the last resident registration place of the owner of the land, etc.

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