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(영문) 부산지방법원 2016.04.26 2015가단243862
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s status was designated as a traditional temple on July 19, 1988 under Article 4(2) of the Korean Traditional Temples Preservation and Support Act (hereinafter “Act”).

B. The original land expropriation is the Plaintiff’s ownership. The Defendant completed the ownership transfer registration based on the expropriation (hereinafter “instant ownership transfer registration”) through the following process, as stated in the purport of the claim regarding the instant real estate.

1) Determination of urban management planning (a new automobile depots) and publication of topographic drawings - The name of facilities C - the name of the Busan Metropolitan City: the automobile depots - the location of facilities - the public announcement of an implementation plan for an urban planning facility project (a public automobile depots): Dilwon 2, Busan Metropolitan City, the location of the project site - The name of the project site E- the type of urban planning facility project (motor vehicle depots: the name of the project: the project implementer of the project: the public announcement of the change of the implementation plan for an urban planning facility project (a public automobile depot: the project implementer of the Busan Metropolitan City: the project: G announcement of the Busan Metropolitan City - the initial scale of the project: the expropriation ruling made on August 22, 2013 - the expropriation ruling made on August 22, 2013 - The real estate of this case - the compensation for losses - the entire number of facilities - the project of which is 375,449,50 won (=50,350 won, 481, -101) to 15

2. The assertion and judgment

A. At the time of accepting the Plaintiff’s assertion, the Plaintiff cultivated the instant real estate within 3 km from the panman, and thus, the instant real estate is owned by the temple as a traditional temple preservation area, which falls under ① the arable land (d) owned by the temple under Article 2 subparag. 3 of the Act, or ② the temple used for the preservation of the dignity and wind of the temple.

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