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(영문) 의정부지방법원 2019.05.14 2018구합338
도시계획시설(결정안)결정취소 및 수용재결신청취소거부 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff”) completed the registration of ownership transfer on August 14, 2002 with respect to the portion of 688.5/1,392 out of E-728 square meters (248 square meters prior to F, October 12, 2017, and 317 square meters prior to G, respectively; hereinafter “instant land”). The registration of ownership transfer was completed on July 24, 2002 with respect to the portion of 126/1,392 out of the instant land on the ground of sale on August 23, 199, with respect to the portion of 126/1,392 shares among the instant land on July 24, 200, each registration of ownership transfer was completed on the ground of sale on July 24, 2002, and thereafter, the Plaintiff, the representative of the Plaintiff Company, completed the registration of ownership transfer as to the portion owned by the Plaintiff Company, among the instant land.

However, the Supreme Court rendered an order to cancel the registration of transfer of ownership in the name of Plaintiff B as to the above 688.5/1,392 shares out of the land in this case on December 14, 2011 and rendered a final and conclusive judgment around that time. In Seoul High Court Decision 2016Na2060240 Decided May 19, 201, the record of recognition and recognition of the purport that the procedures for cancellation of transfer of ownership between Plaintiff Company and Plaintiff B were to be implemented on May 19, 2017.

On May 19, 1994, the Governor of Gyeonggi-do announced the Gyeonggi-do public notice of the determination of the urban planning to newly establish the K-do national map (hereinafter referred to as the “instant road”) as a 8m wide-area 8m, extension 618m, 1, and JJ in Yangyang-si, Yangyang-si, and closing stores, and accordingly, the 245m2 of the instant land among the instant land was corrected to be incorporated into the instant road (hereinafter referred to as “instant incorporated land”) and announced to be 248m2, which was divided into L, which was divided into the 245m2, as of November 9, 2017, respectively.

On January 23, 1998, the defendant delegated the authority from the Governor of the Gyeonggi-do, and notified the extension of the road of this case to 376 meters, the extension of the route reduction station and the Nan-si in Namyang-si, Namyang-si, Nan-si, and the notification of the Namyang-si on May 9, 200.

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