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(영문) 광주지방법원 2016.12.08 2015가단49083
소유권이전등기 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 8, 1995, the Plaintiff acquired land through consultation with the Plaintiff completed the registration of ownership transfer in his/her future on the grounds of sale as of November 6 of the same year with respect to the land of 14,083 square meters in Nam-gu, Nam-gu, Gwangju on November 8, 1995. The Plaintiff was divided into the above C Forest on January 17, 2001 with the land of 6,129 square meters in D Forest, and the Plaintiff was on May 22, 2001 with respect to the above D Forest.

5.21.The registration of transfer of ownership was completed on the ground of a consultation on the land for public use.

B. On January 20, 2003, the land annexation, registration conversion, and division E Forest land size of 383 square meters was merged with the above D Forest land, etc., and the relevant land register became 9,510 square meters. On February 19, 2003, the F Forest land was converted into 9,693 square meters, and the relevant land category was changed to the road on March 13, 2003, and the said land category was combined with G land on April 11, 2003.

The above G land was re-merged into H land on November 3, 2003, and the land of this case was divided into the above H land on June 14, 2005.

C. On November 30, 2009, the Defendant: (a) designated 13,269 square meters of the instant land as an area planned to create an I arboretum on five years from the same date pursuant to Article 6-2 of the Creation and Furtherance of Arboretums Act; (b) was excluded from the area planned to create an arboretum on November 30, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap 1-1, 3-1, 3-2, 5-1-5-7, the purport of the whole pleadings

2. As to the main claim

A. The Plaintiff’s assertion that the land portion of the instant case was not used as a road, which is its business purpose, after acquiring an agreement from the Plaintiff on the land of the said D forest No. 6,129 square meters. On November 30, 2009, the Defendant, on November 30, 2014, excluded the said part of the said land from the land planned to be created as an arboretum.

As such, it is unnecessary for the Plaintiff to use the above land portion for the arboretum business, and the Plaintiff is subject to the instant complaint pursuant to Article 91(1) and (6) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”).

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