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(영문) 대구고등법원 2018.02.09 2017나24060
보상금수령권확인
Text

1. At the request of this court for a change in exchange, the Plaintiffs are above 649 square meters prior to the Jancheon-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. On June 4, 2001, the Defendant completed the registration of ownership transfer (the sale as of June 1, 2001) with respect to shares of 12,013 square meters (hereinafter “J land before subdivision”) in the Mari-gun, Chungcheongnam-do (hereinafter “Mri-gun”), the JJ, and on June 17, 2001, with respect to shares of 2/19 shares on October 1, 201, the Defendant completed the registration of ownership transfer (the sale as of September 13, 2013).

On July 10, 2014, J land was divided into 649 square meters before J (hereinafter “instant land”) and 11,364 square meters before K (hereinafter “K land before division”).

B. At present, there are “a wooden machine and a strong board roof house 67.83 square meters” and “a wooden machine and a strong board roof 49.5 square meters” under the instant land.

(hereinafter collectively referred to as “instant building”). Plaintiffs A and B are currently residing in the instant building.

Meanwhile, in the building register and the building register, the instant land is indicated as follows: ① “The 63.96 square meters of the soil brick splate roof multi-story housing” and ② “23.14 square meters of the agricultural production facilities for the splate splate roof of the attached building” (hereinafter collectively referred to as “de-registered building”); and the date of approval for use thereof is indicated as “the date of October 9, 1952.”

(No. 6-5, No. 8-1). Non-party L completed the registration of ownership transfer of the above registered building on August 12, 2014, and the registration of ownership transfer was completed on August 4, 2014 in the future of the defendant on the same day.

C. On November 19, 2015, the Do Governor announced the master plan for the N Construction Project, and the content thereof is that the Mariwon 493,886.8 square meters is the business area and the project implementer is the salary-gun Korea Water Resources Corporation.

At the time, the instant land was incorporated into the above public works.

The salary class is "Land Compensation Act for Public Works Projects"(hereinafter referred to as "Land Compensation Act").

Article 81, and Article 43 of the Enforcement Decree of the Land Compensation Act, due to the above public works.

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