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(영문) 의정부지방법원 2015.06.16 2014가단113173
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The forest stated in the purport of the claim (hereinafter “the forest in this case”) was the forest owned by the Plaintiff, which had completed the registration of ownership transfer in its name on March 29, 1985 (Provided, That at the time the Plaintiff completed the registration of ownership transfer, the forest in this case was the forest in this case’s name changed on January 1, 1986, but it became the forest in this case’s name changed on January 1, 1986) and thereafter, the registration of ownership transfer (hereinafter “registration No. 1”) was completed on November 28, 2002 with respect to the forest in this case by Defendant B’s district court, Dong-ri registry office, 52687, which was received on November 28, 2002.

B. Since December 3, 2009, the Minister of Land, Transport and Maritime Affairs, on Article 6 of the former Special Act on the Construction of Bogeumjari Housing, Etc. (hereinafter “the Bogeumjari Housing Act”) designated the E-Japan District of the Seoul Special Metropolitan City D Institute (hereinafter “Defendant Housing Corporation”) as the Bogeumjari Housing District under Article 6 of the same Act, which is a project implementer, and announced it to the Ministry of Land, Transport and Maritime Affairs publicly announced pursuant to Article 12

[This, pursuant to Article 27 (2) of the Bogeumjari Housing Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(iii) it shall be deemed that the authorization and the notification of the authorization under paragraph 1, etc. of Article 20 have been made.

The Defendant Housing Corporation entered into a contract for the purchase of the instant forest land included in the instant project district for the project of the said Bogeumjari District (hereinafter “instant project”) with Defendant B, a title holder on the registry of the instant forest land and the area of 202 square meters prior to G in Gu-si, on August 26, 201, to purchase the instant forest land and the instant G 202 square meters prior to G from Defendant B at KRW 548,291,730 (i.e., KRW 484,756,000 for the instant forest land and the instant area of KRW 202 square meters prior to G), and entered into a contract for the purchase of the land and purchase of the instant forest and the instant area of KRW 202 square meters prior to G on September 2, 201.

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