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(영문) 대구지방법원 2017.08.16 2017가단10630
소유권이전등기말소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around 2010, the Korea Rural Community Corporation (hereinafter referred to as the “Korea Rural Community Corporation”) established farmland remodeling projects (referring to projects to which the Decree of the Rearrangement of Agricultural and Fishing Villages is applied in accordance with the Ministry of Land, Transport and Maritime Affairs in 2009) with respect to 68 parcel of land, including 2,367 square meters and 168 square meters in Gyeong-gun, Gyeongdong-gun, the Plaintiff owned, and 175 square meters in farmland. Around April 2010, the Korea Rural Community Corporation (hereinafter referred to as the “Korea Rural Community Corporation”) submitted a written consent to implement farmland remodeling projects and a written consent to the Korea Rural Community Corporation (hereinafter referred to as the “Korea Rural Community Corporation”) with respect to 45 square meters in farmland, including 2,367 square meters and 168 square meters in land owned by the Plaintiff, and the Do Governor approved the project implementation plan to implement the project in accordance with the Rearrangement of Agricultural and Fishing Villages project.

On April 12, 2013, the E-district modeling project is a project accompanied by a replotting, and the rural construction project applied for authorization of a replotting plan with consent from 164 owners of the land located in the project site area on April 12, 2013, and the Gyeongbuk-do Governor approved a replotting plan on May 20, 2013.

On July 10, 2013, according to the above land substitution plan authorization, the sum of 2,535 square meters and 2,535 square meters and 2,535 square meters and 168 square meters in lots, which are the Plaintiff’s previous land, were replaced with Falle 2,369.3 square meters in Gyeonggi-do; and 1,953,450 won and 1,93,450 won as subsidies to the Plaintiff (2,937,670 won and 15,780 won and 15,780 won for the liquidation money) were determined and notified.

On the other hand, registration of preservation of ownership was completed in the future of the State on July 10, 2013 as the 19580 square meters received on July 10, 2013 on the grounds of agricultural infrastructure improvement projects with respect to 310 square meters of roads B in Gyeongbuk-gun, Gyeongdong-gun.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 4.

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