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(영문) 의정부지방법원고양지원 2014.08.21 2013가단27971
시설물철거
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Of the 30394 square meters of D forest land in Pakistan, Plaintiff A owned 10579/304, Plaintiff B owned 9177/30394, and Party E owned 10638/30 of 30394. However, the said land was included in the land subject to national defense and military installation projects under the former National Defense and Military Installations Act (amended by Act No. 6656, Feb. 4, 2002) and was expropriated to the Defendant on December 4, 2001. The Defendant completed the registration of ownership transfer on the instant forest on December 5, 2001.

B. The contents of the above national defense and military installation project were to guarantee F’s right to use the land out of the land offered as F’s facility site. However, F returned the said land to the Defendant on April 13, 2007 in accordance with the G Land Management Plan Agreement.

C. Meanwhile, on February 9, 2010, the said land was divided into KRW 91 square meters for D forest land, KRW 25066 square meters for C forest land (hereinafter “instant land”), KRW 1902 square meters for H forest land, KRW 36 square meters for I forest land, and KRW 2543 square meters for J forest.

E, Plaintiff A, and Plaintiff B, who were the original owner of the instant land, filed a lawsuit against the Defendant by asserting the redemption of their respective co-ownership shares of the instant land. Accordingly, on January 19, 2010, with respect to the shares of 30,394/394 (1,31/4, 1,342/4,341/4, 1,511/4, and 1,520/342 of the instant forest land, as to the shares of 30,394/39 of the instant forest land, Plaintiff B had completed the registration of transfer of shares due to the redemption of E and Plaintiff A.

E. On July 8, 2013, E sold 646/42 of the aforementioned 4342 shares to Plaintiff B, and 152/432 shares to K, respectively, and completed the registration of ownership transfer at that time.

F. On January 5, 2011, the Defendant approved and publicly notified a plan for the relocation of national defense and military installations to move the M military installations of the Ministry of National Defense to Lone week, including the instant land.

G. On July 18, 2012, the Defendant accepted the shares of 917/307/30 (131/4342) owned by Plaintiff B from among the instant land on July 18, 2012, and registered the transfer of shares on July 24, 2012.

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