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(영문) 서울중앙지방법원 2017.05.16 2015가단12213
지료
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 6, 1996, the Defendant completed the registration of creation of superficies on the relevant site, including “the purpose: tunnel, subway, scope: 69 square meters of the area to be incorporated into road tunnels, eight square meters of the area to be incorporated into subway lines, and the time of payment of land rent: Temporary payment on October 17, 1996; the duration of the construction of superficies: from the date of the contract for creation of superficies to the time of the continuation of the facilities of the road tunnels and subway lines.”

B. The Defendant’s redevelopment and rearrangement project was carried out including the land on which the creation of superficies was completed as above paragraph (a), and due to the implementation of the rearrangement project, the land, etc. in the above paragraph (a) was incorporated into Seongbuk-gu Seoul Metropolitan Government Tro 19,619 square meters (hereinafter “instant site”).

C. As to the instant site on October 29, 2014, the registration of the creation of divided superficies, including the content of the contract on November 11, 1996 and the content of the sale, purpose, scope, duration, rent, and time of payment by the rearrangement project on July 3, 2014, with the superficiary as Defendant for superficies (the date of receipt on October 29, 2014) as to the instant site, was completed, as well as the registration of the creation of divided superficies as to the instant site in which the Defendant’s superficies established as to the individual land prior to the combination of superficies was combined.

(No evidence exists to specify the land subject to combination or combination of lots of land, but in light of the allegations of the parties, the above fact seems to have no dispute. [The ground for recognition: the fact that there is no dispute, A1-3 evidence (including the paper number, hereinafter the same shall apply)

2) Each entry of evidence Nos. 1 to 3, and the purport of the entire pleadings

2. The party's assertion and judgment

A. (1) The Plaintiffs’ assertion (1) is the co-owner of Seongbuk-gu Seoul (hereinafter “instant building”) in which the instant association was newly built as a member of the World Housing Redevelopment and Rearrangement Association (hereinafter “instant association”).

(2) The defendant is installing a tunnel for U around 2002.

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