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(영문) 춘천지방법원 2016.10.18 2015가단5906
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. On October 22, 1996, the Plaintiff completed the registration of ownership transfer with respect to 2,314 square meters prior to Chuncheon City D.

B. On September 13, 2007, the said land was divided into 608 square meters, E, 1,656 square meters, and 50 square meters prior to the division (hereinafter “land prior to the division”).

C. On February 7, 1994, the Chuncheon Mayor drafted and publicly announced a decision on the alteration of the Chuncheon urban planning plan (financial expenses) with respect to the urban planning zones, specific-use area zones, and some of the Hongcheon-gun areas, and the establishment or alteration of the urban planning facilities, and applied for the decision of the Governor of Gangwon-do. The Governor of Gangwon-do determined and announced the alteration of the Chuncheon urban planning plan (financial expenses) to F for the public announcement on November 7, 1994.

Accordingly, on February 2, 1995, the Chuncheon City announced G on February 2, 1995, the decision and the cadastral approval announcement of the Chuncheon Urban Planning Alteration (Fiscal Expenses) and the Chuncheon Urban Planning Alteration (Fiscal Expenses: Eup/Myeon areas) as H on March 31, 1995.

E. On July 23, 2003, the Gangwon-do Governor of Gangwon-do decided to revise the second Chuncheon urban planning plan (financial expenses), and on December 26, 2003, the Chuncheon City announced by J on December 26, 2003, the Chuncheon City announced by J on December 26, 2003 and announced the approval of topographic drawings. On November 30, 2007, with respect to the construction of the urban planning road (K line), on November 30, 2007, on August 8, 2008, the Chuncheon City Urban Planning Facility (K line) project implementation plan was announced publicly on August 8, 2008.

F. However, the land before subdivision was incorporated into the road Kline and Nquare, among urban planning facilities according to the approval and publication of J topographical Map published on December 26, 2003 and the approval of the implementation plan for the project of the Chuncheon Urban Planning Facilities (Kline) published on August 8, 2008.

G. Accordingly, on April 21, 2009, the Gangwon-do Local Land Tribunal rendered a ruling of expropriation to expropriate the land, etc. before subdivision as of May 21, 2009 (hereinafter “instant adjudication of expropriation”).

(h) Accordingly, Chuncheon prior to May 22, 2009.

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