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(영문) 창원지방법원 마산지원 2017.02.08 2016가합100720
손실보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 26, 1980, and March 8, 1985, with respect to the land listed in paragraphs 1 and 4 (hereinafter referred to as "O land" in the separate sheet (hereinafter referred to as "the land listed in the separate sheet") owned by the network N (hereinafter referred to as "the network"), each ownership transfer registration on April 5, 1971 was terminated on October 5, 1974 (hereinafter referred to as "each ownership transfer registration of this case") in order from the land listed in subparagraph 12 and subparagraph 3 of the separate sheet (hereinafter referred to as "O land"), following the previous Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter referred to as "the Special Measures Act"), and the ownership transfer registration of each case was divided in order from the land listed in the separate sheet to the third party on December 2, 1985; hereinafter referred to as "O-owned land"; hereinafter "the following land ownership of this case was divided into 36.

B. After that, each of the instant lands was incorporated into a site for a public housing project in the Q district and completed the registration of ownership transfer due to expropriation on August 18, 2015 under the name of the Korea Land and Housing Corporation. Accordingly, the Korea Land and Housing Corporation deposited KRW 486,188,70 in the name of the competent court as compensation.

C. Meanwhile, the Deceased died on September 13, 1964, and accordingly, the Plaintiffs inherited the deceased’s property according to the share ratio indicated in the “the claim amount table by Plaintiff” in the annexed sheet.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion 1) Since the time of the deceased's death (as of April 5, 1971 and October 5, 1974, gift and sale of each of the lands of this case were completed in the name of R from the deceased, each of the lands of this case, the grounds for registration was completed in the name of R, and therefore the above grounds for registration are false that do not coincide with the substantive relations. As such, R purchased or donated each of the lands of this case from the deceased.

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