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(영문) 부산고등법원(창원) 2017.09.21 2017나20701
손실보상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The details and current status of registration of the network N-owned land 1) the network N-owned land (hereinafter “the network”).

(i)each land listed in [Attachment 2] Nos. 1 and 4 (hereinafter referred to as “O land”) which was owned by the owner.

On December 26, 1980 and March 8, 1985, concerning the former Act on Special Measures for the Transfer, etc. of Ownership (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”)

Pursuant to the deceased, R, the grandchildren of the deceased, was donated on April 5, 1971, and each ownership transfer registration based on sale on October 5, 1974 (hereinafter “each registration of this case”).

(2) On or around December 2, 1985, when R was dead on or around May 198, after the land No. 1 was divided into the land No. 2 and the land No. 3, and on or around May 2, 1988, the registration of ownership transfer was completed on or around September 12, 1990 for each of the 4/5 and/or 1/5 shares of R in the land No. 2, 3, and 4 on April 2, 1992 (hereinafter “each of the instant land”). The registration of ownership transfer was completed on June 16, 2005 for each of the instant land on or around May 15, 2005.

3) Meanwhile, as each of the instant lands was incorporated into a site for a public housing project in the Q district, the Korea Land and Housing Corporation completed the registration of ownership transfer based on expropriation on September 15, 2015, and on August 17, 2015, KRW 486,188,700 (hereinafter “the instant deposit”).

the deposit was made.

B. The deceased’s inheritance relation of the deceased’s property died on September 13, 1964. Accordingly, the Plaintiffs inherited the deceased’s property directly or in succession according to the ratio of shares in the column of “the claim amount table by Plaintiff” in attached Table 1.

C. As a result of the relevant case, W, one of the deceased’s successors, is primarily the registration of each of the instant registrations and the registration of the Defendant’s name based on these registrations, and thus, the Defendant’s conjunctive registration around October 30, 2014.

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