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(영문) 수원지방법원 2017.04.11 2016구합1777
손실보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 1, 1911, the Land Survey Book prepared during the Japanese Occupation Period entered B into the Land Survey Book, stating that B was subject to the assessment of approximately 561 square meters in Gyeonggi-gun, A, and the said land became a 1,537 square meters and a 317 square meters in E bank (hereinafter referred to as “instant land”) prior to Pyeongtaek-si D, in line with the division, conversion of the area, and change of land category.

B. On November 28, 1917, the registration of ownership preservation was completed on the instant land in the F name (location-gun G), and H (H, I, and hereinafter “instant name”) is indicated as the owner whose ownership was transferred on November 28, 1917 as the land cadastre drafted on June 16, 1976.

C. On April 1, 2004, the registration of change of indication was completed to correct the address of the registered titleholder as "Yan-si J" on the ground that the application error was made on April 1, 2004, and the registration of change of indication was completed to change the address of the registered titleholder to "Yan-gu K apartment 3 Dong 210 on May 7, 2002" on the ground that the former was made on May 7, 2002.

The defendant completed the registration of transfer of ownership in the name of the defendant on April 8, 2004 with respect to the land of this case on April 20, 2004 as the result of the consultation on the land for public use on April 8, 2004, and on April 23, 2004, the name of this case paid KRW 22,019,40 to the person as the compensation for the land of this case.

E. The Plaintiff is a child of F (F and M) who is a child of B.

F. On June 2016, the Plaintiff filed an objection against the instant land with the Gyeonggi-do Regional Land Expropriation Committee. However, on June 21, 2016, the Gyeonggi-do Local Land Expropriation Committee rejected the Plaintiff’s objection on the ground that the instant land was not expropriated by adjudication, but by agreement between the project operator and the owner.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, and 11, the purport of the whole pleadings

2. The Plaintiff’s registration of preservation of ownership on the instant land is completed.

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