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(영문) 수원지방법원 2019.04.11 2018나67572
소유권이전등기말소등기 등
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are dismissed, respectively.

2. The appeal cost and this court.

Reasons

1. Basic facts

A. 1) The Defendant was the Housing Redevelopment and Improvement of Urban Areas and Residential Environments Act (hereinafter “instant redevelopment project”) established to remove the buildings located in the area of 185,269,3 square meters (hereinafter “instant rearrangement project zone”) in Ansan-si, Jeonyang-si, with the aim of improving the urban and residential environment by constructing a new building on the site, and contributing to improving the residential stability and the quality of residential life of its members. 2) The Plaintiff was the owner of each of the instant real estate located in the instant rearrangement project zone.

B. After the process of the redevelopment and rearrangement project in this case, the Defendant obtained authorization to establish an association on May 29, 2012 from the Ansan market, and authorization to implement the project on June 2, 2015, respectively, and obtained authorization to implement the relevant management and disposal plan on April 22, 2016.

C. The Plaintiff became a cash liquidation agent because it did not apply for parcelling-out within the period of application for parcelling-out.

The Defendant filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal on May 15, 2017, on which the Plaintiff and the instant real estate were not compensated for losses, and the said Committee accepted each of the instant real estate on May 15, 2017, and paid compensation for losses to KRW 362,179,50 ( KRW 54,442,50 of the building compensation in amount to KRW 307,737,00), and the date of commencement of expropriation was June 29, 2017 (hereinafter “instant adjudication”).

E. Upon the instant judgment on June 26, 2017, the Defendant deposited KRW 362,179,500 for the Plaintiff as the principal deposit and completed compensation with the Suwon District Court’s Ansan Branch’s Deposit No. 1565 in 2017, and completed the registration of ownership transfer under the name of the Defendant (hereinafter “instant registration of ownership transfer”) on the ground of expropriation on June 29, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

(a) Gu cities and.

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