logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.10.30 2015누4625
토지수용재결취소
Text

1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

2. Of the instant lawsuit, the conjunctive claim is sought.

Reasons

1. Details, etc. of ruling;

A. The Plaintiff is a clan naturally created by his descendants, who are the 14-year-old G, Ho Ho H, and his descendants as a joint ancestor for the purpose of the protection of graves, religious services, and friendship among clans.

B. On November 21, 1978, the registration of ownership transfer in the name of B is based on the sale as of November 17, 1978, with respect to the land size of 1,610 square meters in the name of B, and on December 29, 1978, the registration of ownership transfer in the name of B appears to be a clerical error in the "P" on the ground of the sale as of December 26, 1978, on the ground of the transaction as of December 29, 1978. The register (Evidence No. 3-2) and the written ruling of expropriation (Evidence No. 1-2) are written as "D", and the plaintiff himself is also written as "D" in the purport of the claim, and thus, it is to be written as "D".

The registration of transfer of ownership in the name was completed;

(hereinafter referred to as the “instant land” and the individual term “instant land” shall be respectively referred to. (1) and (2).

On October 208, 2008, on the part of the Gyeongdong-gun I and JJJ large area of 995,522 square meters as the business site, the Do governor designated and publicly notified the K Development Project (hereinafter “K Development Project” in this case) as the project site, which is the project implementer of Lldong-gun (hereinafter “instant project”). On September 9, 2010, the instant land was incorporated into the instant project site by M M as the same public notice was converted into the instant project site, and on February 14, 2013, the project implementer changed from the “Yldong-gun” to the “OB-gun.”

On July 24, 2013, the Plaintiff issued a certificate to the effect that “The actual owner of the instant land is the Plaintiff, and that registration was made under the name of the fleet B and D so that a clan property may not be disposed of without permission. Therefore, the Plaintiff requested for consultation compensation in the name of the Plaintiff regarding the instant land compensation to be made under the name of the Plaintiff, and requested for deposit in the name of the Plaintiff, and requested for deposit in the name of the Plaintiff to be made under the name of the Plaintiff.”

E. However, a project operator is “B”.

arrow