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(영문) 서울중앙지방법원 2015.02.13 2014가단5173055
손해배상(기)
Text

1. The Defendant shall pay to each of the Plaintiffs KRW 2,813,235 and 20% per annum from June 28, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The first 190 square meters and J 154 square meters (hereinafter “instant land”) prior to the NAY-gun, Jeonbuk-gun are land that K acquired on April 15, 194 and completed the registration of ownership transfer.

B. On January 18, 1961, the Defendant requisitioned the instant land and granted it to usfk for the purpose of airfield.

C. The said I’s 190 square meters was divided into 241 square meters prior to L on September 30, 1971 and 387 square meters prior to M. The said JJ was divided into 154 square meters prior to September 30, 1971 and 460 square meters prior to L and 50 square meters.

Around August 10, 1971, the Defendant decided to purchase the instant land pursuant to the Act on Special Measures for Readjustment of Requisitioned Property (amended by Act No. 2172, Jan. 1, 1970; hereinafter “Special Measures for Requisition”), and on February 4, 1972, entered the address and name of the recipient of the deposited goods as “No. Ga-gun JP” on the ground that the owner refuses to receive the compensation for requisition, and KRW 80,000 out of the purchase price of the instant land as KRW 86,000 in the purchase price of the instant land (the purchase price of the instant land shall be KRW 10,000,000 in cash) and deposited in cash (hereinafter “the instant deposit”).

In addition, on March 19, 197, the registration of ownership transfer is completed in the name of the defendant.

E. K died on December 17, 2000.

The plaintiffs are the inheritors of K.K.

F. The instant land is currently used as USF airfield.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 15 evidence (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. When a decision of the Minister of National Defense to purchase requisitioned property is made pursuant to the Special Act on Requisition, the State is interpreted to have acquired the ownership of requisitioned property under the condition of the delivery of securities regarding compensation for requisition or the payment or deposit of cash. In this case, the State shall be deemed to have acquired the ownership of requisitioned property without registration in accordance with Article 187 of the Civil Act. The decision to purchase requisitioned property shall not be deemed as an administrative disposition, in which the defect is significant and apparent.

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