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(영문) 서울중앙지방법원 2015.12.11 2014가단5338791
토지매수청구 등
Text

1. The defendant shall be the plaintiff.

(a) deliver B forest land B 27,174 square meters in Jeollabuk-si, Jeollabuk-do;

(b)1,576,124 Won and its corresponding;

Reasons

1. Basic facts

A. The ownership relationship of the instant land 1) Plaintiff’s friendly net C (hereinafter “the deceased”).

(2) On April 1, 201, the deceased completed the registration of ownership transfer on the instant land on the grounds of sale and purchase. (2) On January 29, 2013, the deceased died, and on his/her own inheritance of the instant land and its rights, the Plaintiff, among his/her inheritors, completed the registration procedure for ownership transfer transfer on the instant land due to inheritance by consultation and division on May 1, 2013.

B. On July 1971, the Ministry of National Defense under the Defendant’s jurisdiction over the possession and use of the instant land established E training halls on the land adjacent to the instant land, Dosan-si, Jeollabuk-do, which was adjacent to the instant land, and from around 1980, the instant land has been used as training grounds.

[Grounds for Recognition: Facts without dispute, Gap 1, 6 evidence, Eul 1-5 evidence (including each number), the purport of the whole pleadings]

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The Plaintiff’s claim for purchase under the Protection of Military Bases and Installations Act is limited to the protection of military bases and installations of the instant land owned by the Defendant (hereinafter “Military Installations Protection Act”).

(2) The Minister of National Defense may designate a protection zone, etc. pursuant to Article 17(1) of the Military Bases Act, and modify or cancel the designation of the protection zone, etc. pursuant to Article 4(1) of the Military Bases Act (hereinafter referred to as “the Act”) by the Chairman of the Joint Chiefs of Staff (hereinafter referred to as “the Chairman of the Joint Chiefs of Staff”), after prior consultation with the head of the relevant administrative agency).

Article 5 (Scope, etc. of Designation of Protection Zones and Civilian Control Line) (1) The scope of designation of Protection Zones shall be as follows:

2. Restricted protection zones:

(c) explosives-related facilities, air defense sites;

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