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(영문) 제주지방법원 2017.06.16 2016가단54086
소유권이전등기
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, on the part of the 3,22m2 before Seopopo-si.

Reasons

Basic Facts

A. The Defendant, while carrying out a C river accident prevention project (hereinafter “instant project”), entered into a sales contract with the Plaintiff on November 7, 2008 with respect to the land of 3,222 square meters (hereinafter “instant land”) prior to Seopo-si, Seopo-si, which was owned by the Plaintiff and the Plaintiff, pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”).

B. Since then, the Defendant paid 671,787,000 won to the Plaintiff, and completed the registration of ownership transfer on the instant land on November 7, 2008.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including additional numbers), and judgment as to the ground of claim as a whole of the pleadings

A. Article 91(1) of the Public Works Act provides, “If all or part of the acquired land becomes unnecessary within 10 years from the date of acquisition through consultation or expropriation of the relevant land, the landowner at the time of the acquisition date or his/her general successor shall be entitled to repurchase the relevant land by paying to the project operator the amount equivalent to the compensation received for the relevant land, within one year from the date all or part of the relevant land becomes unnecessary, or within 10 years from the acquisition date, and “the relevant project” refers to a specific public project, the purpose of which is to acquire through consultation or expropriate the relevant land, which is a specific public project, and is specifically specified when obtaining the project approval under Article 20(1) of the Public Works Act.

In addition, the term "displacement or alteration of the project" under the above provision refers to the discontinuation or alteration of the project in question, and the whole or part of the acquired land "if unnecessary" means the case where the project operator itself becomes unnecessary to use the whole or part of the acquired land for the purpose of acquiring it, and no land acquired through consultation or expropriated is required.

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