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(영문) 의정부지방법원 2017.12.21 2016가단116466
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a party in the position of the plaintiff in the case of E, and among G gate that made the F as a group of G 65 years old descendants, the deceased H is naturally formed for the purpose of maintaining the graves of a vessel and promoting friendship among descendants. The defendants are the plaintiff's clan members.

B. On November 29, 2001, the details of land division were divided into 21,620 square meters of I forest land and 21,531 square meters of J forest and 89 square meters of land in Yangju-si. On June 22, 2004, I forest and 21,531 square meters of I forest were divided into 292 square meters of I forest and 292 square meters of K forest and 292 square meters of land, and I forest and 292 square meters of land were divided into 247 square meters of I forest and 207 square meters of L forest and 45 square meters of forest, respectively.

In addition, on June 28, 2004, the category of J forest land was changed to a road.

C. 1) On October 10, 1917, I forest land 21,620 square meters in the name of the Defendants: (a) four grandchildren of M, N, and H, the son of P, and Q, the son of Q, the shape of H, who were the descendants of M, N, and H; and (b) on April 21, 1965, the registration of ownership transfer was made in the name of Defendant B, S, and C, the descendants of H on April 21, 1965, under the name of H, with respect to each of the above 1/3 shares in the above forest land under the name of C, the registration of ownership transfer was made on June 28, 2004; (c) the registration of ownership transfer was made on June 292 square meters of I forest land, J. 89 square meters of K, 21, 239 square meters of the forest land; and (d) the registration of ownership transfer was made on March 13, 20194.

As K forest land is incorporated into U housing site development zone after the acquisition of land through consultation and the legal relationship of compensation for expropriation, the Korea Land Corporation shall consult and acquire each of the above forest land under Article 16 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor and Article 8 (1) of the Enforcement Decree of the same Act on June 2004.

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