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(영문) 서울중앙지방법원 2015.09.16 2014가단5332038
소유권이전등기절차이행등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Plaintiff

A The deceased D’s heir, who was the owner of each land listed in paragraphs 1 through 9 of the annexed Table 1, was the owner of the land listed in Paragraph 10 of the annexed Table No. 10 of the same Table, the Plaintiff B was the owner of the land listed in Paragraph 11 of the same Table No. 11 of the same Table, and the Plaintiff C was the heir of the network E, who was the owner of the land listed in Paragraph 12 of the same Table No. 12 of the same list. The Plaintiffs asserted that the Plaintiff, by the lawsuit of this case, exercised the right of repurchase under Article 91(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “the Act”) against the Defendant, who expropriated each of the above lands as the site for the Dong Sea Highway site in 1975, and filed a claim for compensation for damages therefrom with the Defendant by asserting that the right of repurchase was lost due to the expiration of the period for exercising the right of repurchase on each of the above lands.

However, Article 91(1) of the Act provides, “Where all or part of the acquired land becomes unnecessary due to the discontinuation or alteration of the relevant project or for other reasons within ten years from the date the land is acquired through consultation (hereafter referred to as “acquisition date” in this Article), the landowner at the time of the acquisition date or his/her general successor (hereinafter referred to as “re-purchase right holder”) may repurchase the land by paying to the project operator the amount equivalent to the indemnity paid for the relevant land, within one year from the date all or part of the relevant land becomes unnecessary, or within ten years from the date of its acquisition.” In Article 91(1) of the Act, “where all or part of the acquired land becomes unnecessary due to the discontinuation or alteration of the relevant project or for other reasons within ten years from the date of acquisition of the land”, all or the requirements for repurchase right,” and “requirements for repurchase right.”

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