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(영문) 창원지방법원진주지원 2019.11.05 2018가단31091
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In around 2003, the Ministry of Land, Infrastructure and Transport authorized and publicly announced a road project implementation plan for D Corporation (hereinafter “instant public works”) among C sections, and the roads constructed therefrom (hereinafter “instant roads”).

B. At the time, the instant road site included 783 square meters (hereinafter “the entire land of this case”) before Jinju-si owned by the Plaintiff. On February 4, 2004, the Defendant paid KRW 46,980,000 to the Plaintiff as compensation pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

C. The instant road was opened after completion of the completion inspection on December 19, 2006, and the entire land of this case was combined with F and 12 lots on April 10, 2017, when the land category was changed to a road on October 13, 2008.

【Fact-finding without a dispute over the basis of recognition, entry of Gap evidence 1 through 3, and 5 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff’s cause of claim is 1) The part of 43 square meters inboard (A) which connects each point of the attached Form Nos. 1, 2, 3, 4, and 1, which are part of the entire land of this case, in sequence.

(2) The Plaintiff, who was the previous owner pursuant to Article 91(1) of the Land Compensation Act, failed to comply with the procedure for the registration of ownership transfer of the instant portion of land. 2) Preliminaryly, the Defendant, who was the implementer of the instant public works, neglected to notify or publicly notify the Plaintiff of the occurrence of the repurchase right.

Accordingly, the plaintiff is within the period for the land portion of this case.

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