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(영문) 대전지방법원 2019.08.22 2017구합107529
잔여지매수청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

A. 1) Business name: National expressway B Corporation (hereinafter “instant expressway”) and the “instant project”

2) Notice: C Public Notice of the Ministry of Land, Infrastructure and Transport ( February 22, 2016): Defendant

B. On December 22, 2015, 200 square meters of D forest 21,620 square meters of land partitioned into the land owned by the Plaintiff and divided into D forest 1,502 square meters of land, E forest 15,052 square meters of forest, F forest 2,051 square meters of forest, G 3,015 square meters of forest, and E forest 15,052 square meters of forest 3,015 square meters of land was incorporated into a road site (hereinafter “H parcel number”) among them, the registration of ownership transfer was completed under the name of the State on the same day.

C. As a result of the examination of purchase of the remaining land, the Plaintiff filed a claim against the Defendant to purchase D, F, and G land as the remaining land, and the Defendant decided to purchase only D land around April 2017, and notified the Plaintiff to the effect that F, G land (hereinafter collectively referred to as “the remaining land of this case”) will not be purchased.

Since then, on August 30, 2017, the registration of ownership transfer was completed on the ground of the acquisition of public land under the name of the state. D.

The Plaintiff filed a petition with the Central Land Expropriation Committee for the expropriation of the remaining land of this case, and the said Committee dismissed the said petition on December 7, 2017 on the ground that “In light of the fact that the remaining land of this case is larger and connected to each other, and that entry is possible through existing roads and new roads, it cannot be deemed significantly difficult to use the remaining land for the previous purpose.”

E. The Plaintiff, including the present state of the remaining land of this case, has planted the night tree from around 2007 to grow up on D’s land before partition.

G Land had one grave and one charnel, and the Defendant paid 16,770,000 won to the Plaintiff as compensation for the loss incurred on April 2017. At present, the said grave and the charnel were moved to another place.

[Ground of recognition] There is no dispute.

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