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(영문) 대구지방법원안동지원 2017.08.17 2016가합3635
보상금수령권확인
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On June 4, 2001, the Defendant completed the registration of transfer of ownership for 17/19 shares out of 12,013 square meters (hereinafter “J-owned land before subdivision”) prior to the JJ in Sejong-gun (hereinafter “Seoul-gun”). On October 1, 201, the Defendant completed the registration of transfer for the remaining 2/19 shares out of J-owned land before subdivision due to sale.

B. On July 10, 2014, J land prior to subdivision was divided into 649 square meters prior to the said J (hereinafter “instant land”) and 11,364 square meters prior to K (hereinafter “K land prior to subdivision”).

C. On August 12, 2014, L completed the registration of initial ownership as to a building listed in the separate sheet (hereinafter “building on the register”) whose location the instant land is located, and on the same day, L completed the registration of ownership transfer for the Defendant based on sale and purchase of the building on the register.

On November 19, 2015, the Mayor/Do Governor announced a master plan for the Nancheon-gun Construction Project (hereinafter “instant project”) with a project area consisting of 493,886 m2,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

E. In the instant land, the Plaintiff, the husband of the Plaintiff B, had a single-story house constructed around 1976 (hereinafter “instant house”), and L was residing in the P part of the land, which is seen behind the K before the division, and the status of each of the instant houses does not coincide with the content stated in the title section of the registry of the building under the registry.

Therefore, it is unclear whether the registry of the building on the registry was prepared to indicate the relationship and status of the right to the housing of this case.

However, even if the above registry was prepared as the registry of the instant house, the ownership of the newly constructed building is an original acquisition by the person who constructed the new building. Thus, if the nominal owner of the registration of ownership preservation is not a new construction, the right to register is not a new one.

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