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(영문) 서울중앙지방법원 2016.06.22 2015가합503150
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is an urban planning project, such as the construction of expansion of access roads to housing areas within the jurisdiction of the Plaintiff (hereinafter “instant urban planning project”).

2) Each land listed in the column for “acquisition of Plaintiff’s ownership” in the attached Form 5 List for the purpose of conducting the instant annexation (hereinafter “land before the instant annexation”).

(2) On November 11, 2002, each of the above lands was newly constructed on each of the above lands, after completing the registration of ownership transfer based on the expropriation ruling or consultation acquisition under the former Public Compensation for Loss and Compensation for Losses, etc., on each of the registration dates in the “acquisition of Plaintiff’s Ownership” column of the same Table.

(hereinafter referred to as “each of the instant lands” after the annexation. B.

According to the former Urban Development Act (wholly amended by Act No. 7335, Jan. 14, 2005; hereinafter referred to as the "former Urban Development Act"), the head of Gangdong-gu Seoul Metropolitan Government, on November 10, 2003, designated the Gangdong-gu Seoul Metropolitan Government Handong-gu Seoul Metropolitan Government Urban Development Zone (hereinafter referred to as the "instant urban development project") where each of the land of this case is located as the implementer of the defendant and announced that the development plan is approved.

C.1) On or around December 20, 2003 and around August 30, 2004, the Mayor of Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Mayor”) intends to prepare or authorize an implementation plan including matters concerning the reversion of public facilities under Article 65(3) of the former Urban Development Act: the designating authority shall hear in advance the opinion of the managing authority of the relevant public facilities when he/she intends to prepare or authorize the plan. Accordingly, the Plaintiff requested the Seoul Special Metropolitan City Mayor on October 18, 2004 for free reversion of state-owned and public land, such as roads, rivers, ditches, etc., which are public facilities within the said urban development project zone.

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