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(영문) 대전지방법원 2018.06.20 2017가단216179
수용보상금반환청구
Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

The deceased C died on October 31, 1995, and the deceased owned the real estate listed in the separate sheet (hereinafter “instant real estate”) at the time of the death.

B. On October 31, 2005, the Plaintiff, the Defendant (Appointed Party), the designated parties (the Defendant and the designated parties; hereinafter the “Defendant, etc.”) and Nonparty D agreed on the division of the instant real estate, which is inherited property (hereinafter the “instant division consultation”), as follows.

The details of consultation on indication of real estate 1 Daejeon E.S. Daejeon 388 square meters

(e) 25 square meters;

f. Return 600 square meters

G. Response 619 Defendant H solely owned 2345

I. 3,937 square meters (1,191 square meters) Defendant J-owned sole ownership 6

K. Spot 424 square meters

L. Large 350 square meters (106 square meters) Defendant B’s sole ownership 78

M. The preceding 792 Defendant N solely owned 9

o. Former 1,002 square meters (303 square meters) Defendant P solely owned 10

Q. 2,850 square meters (862 square meters) Plaintiff A 356 square meters, Defendant R356 square meters, Nonparty D 11, co-ownership at the 150 square meters

S. Former 1,719 square meters (520 square meters) owned by Defendant B 300 square meters and Nonparty D 200 square meters

T. Large-eight-three square meters (267 square meters);

U.S. 3,094 square meters (936 square meters)

V. Co-ownership of Defendant H, J, B, N, and Nonparty D’s joint ratio of 195 square meters (59 square meters) prior to 1314

C. The plaintiff, the defendant, and D are above B.

After completing each registration of ownership transfer for the instant real estate subject to an agreement on division of inherited property, such as paragraph (1), from November 2015 to August 16, 2016, compensation for expropriation was received from the Korea Land and Housing Corporation through consultation on the acquisition of public land and completed the registration of ownership transfer in the future of the Korea Land and Housing Corporation.

2. The Plaintiff’s assertion and determination are as follows: (a) the real estate owned by the deceased was additionally discovered after the instant split-off consultation; (b) the ownership transfer registration was completed in the Korea Land and Housing Corporation by consultation on public land; and (c) the Defendant, etc. received and distributed the compensation paid in the process; (d) the Defendant, etc. shall return the said compensation to the Plaintiff

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