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(영문) 광주지방법원 2017.06.09 2016나57426
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or adds to this court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On November 21, 2014, the Plaintiff asserted that reclamation works were performed with respect to the area of 1551 square meters and P paddy field located near the instant land (hereinafter collectively referred to as “instant neighboring land”) and there was no difference between the instant land and the neighboring land. Accordingly, the Plaintiff lost its function as a legal surface.

Therefore, the Plaintiff, as a preliminary trustee of the instant land, exercised the right of repurchase pursuant to Article 91(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) by subrogationing Co-Defendant B, C, D, E, F, G, H, I, and J (hereinafter “Co-Defendants of the first instance trial”) who were co-defendants of the first instance trial, and thus, the Defendant is obliged to complete the registration of ownership transfer of the instant land to co-defendants of the first instance trial.

B. The repurchase right under Article 91 of the Land Compensation Act may be exercised to “the case where the whole or part of the acquired land becomes unnecessary due to the discontinuation or alteration of the project in question and other reasons”.

The term "project" refers to a specific public project that is the object of the acquisition through consultation or expropriation of the land, and the term "in case where the acquired land becomes unnecessary" means a case where it is no longer necessary to use the land for the project due to the discontinuation or alteration of a specific public project, which is the object of the acquisition of the land, and the issue of whether the acquired land is unnecessary or not shall be determined by the purpose and contents of the relevant public project, the details and scope of the acquisition of the land, and the relationship between the relevant land

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