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(영문) 창원지방법원 2016.12.28 2015가단79402
소유권이전등기
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1. Of the 24 square meters of B forest land in Kimhae-si, the Defendant each indicated in the attached sheet No. 1, 2, 13, 12, 11, 10, 7, 8, 9, and 1.

Reasons

1. Basic facts

A. Before the division and change of the name of the administrative district, the Plaintiff owned the land of 3,967 square meters of D forest land in Kimhae-si (hereinafter “land prior to the division”). The land prior to the division was divided into 3,148 square meters of D forest land, 795 square meters of E forest land and 24 square meters of B forest land on March 6, 2009.

B. On March 19, 2009, the Defendant: (a) performed a public work project that packages the width of the section 320 meters in length from 5.5m to 15m from the date of commencement of the project as “H road construction project”; (b) completed the registration of ownership transfer with E-land after dividing into the relevant project site on August 19, 2009, after acquiring consultation on and completing the registration of ownership transfer with E-land.

C. After the Defendant’s road construction business was completed on September 6, 201, the E land was divided into KRW 114 square meters of E forest land and KRW 681 square meters of forest land on September 6, 201. On April 6, 2012, the Defendant completed the registration of ownership transfer for E land after dividing the land into the Plaintiff on March 22, 2012, and the name of the administrative district of each of the above land was changed to Kimhae-dong on July 1, 2013.

(hereinafter referred to as “E land”, “B land”, and “C land” according to the parcel number.

On April 10, 2015, the Plaintiff requested the Defendant to repurchase approximately 120 square meters of land in C among land pursuant to Article 91 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). However, the Defendant responded that the right to repurchase the land requested for repurchase is not established because it is currently used as a road as of April 13, 2015 and is highly likely to be used at the time of implementing the road environmental structural improvement project in the future.

E. On September 23, 2016, the Plaintiff deposited KRW 11,880,000 equivalent to the amount of compensation paid for the land subject to repurchase extended by the Changwon District Court Decision 3579 in 2016, and on November 16, 2016, the Plaintiff is out of the entire land B and C’s land to the Defendant on the date of pleading No. 7, 2016.

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