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(영문) 서울중앙지방법원 2017.08.17 2016가단5109232
소유권이전등기
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 11, 1976, the old Ministry of Land, Infrastructure and Transport under the Defendant’s control determined and publicly announced urban planning facilities (airports) on the Gandong-gu Seoul Metropolitan Government, etc. The residents in the facility determination zone continue to file a civil petition due to aircraft noise due to the prolonged neglect of the facility expansion project. The Defendant, through the Minister of Construction and Transportation on April 1989, selected persons eligible for compensation and started preparation for the creation of a relocation complex. Accordingly, the Defendant planned to purchase houses, housing sites, and farmlands within the facility determination zone and move to the residents.

On December 14, 1989, the Minister of Construction and Transportation entrusted the head of Seoul Special Metropolitan City Mayor with matters concerning the creation of a relocation complex and the migration of residents, etc., and the Mayor of Seoul Special Metropolitan City re-entrusted part of the entrusted affairs to the head of Gangseo-gu on June 20, 1990.

Accordingly, on November 24, 1992, the head of Gangseo-gu Office announced the Gangseo-gu Seoul Metropolitan Government public announcement of the implementation of relocation measures for the Kimpo Airport area (hereinafter "the first public announcement of this case") under Article 1992-168 of the Gangseo-gu public announcement of November 24, 1992. According to this public announcement, the person subject to relocation is "the owner of an unauthorized house located in the area subject to relocation as of November 24, 1992, who has continuously resided in the relevant house until the date of the public announcement of relocation measures."

C. The non-party L (hereinafter “the deceased”) had been owned as a new building of 102.48 square meters of a single-story house in Gangseo-gu Seoul Metropolitan Government M Ma, which was incorporated in the airport facility decision zone (hereinafter “the instant house”) before the determination of the above urban planning facility (airport on June 11, 1976), and died on October 16, 1975. The plaintiff B continued to reside after moving into the instant house on March 3, 1990, which was the first public announcement date of the instant case, but on the building management ledger, the deceased still remains on the building management ledger.

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