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(영문) 수원지방법원 2018.09.13 2017가단549397
소유권확인
Text

1. As to KRW 284,001,950, deposited by the Defendant with the Suwon District Court No. 5030 in May 24, 2018.

Reasons

1. Facts of recognition;

A. On December 29, 1971, the ownership transfer registration was completed in the name of A, the address of which is “Ssung City D,” and the E field 909 square meters (hereinafter “third land”) on December 29, 1990, with respect to the land of this case, the date of birth on December 29, 1990, is F and the address of which is “Seoul” was “F and the registration of ownership transfer was completed in the name of H where the date of birth on December 29, 1990 is “Seoul”.

B. Each of the instant land and the third land adjoining to each of the instant land were incorporated into the “J Project” where the Ministry of Land, Infrastructure and Transport’s announcement of the approval and notification of the implementation plan was made on February 8, 2017.

C. In the process of consultation with the Plaintiff (A) in order to acquire each of the instant land and the third land incorporated into the project, the Defendant (competent authority) filed an application for adjudication of expropriation on the ground that it cannot be confirmed that the Plaintiff is the real owner of each of the instant land, as the address entered in the register of each of the instant land and the Plaintiff’s resident registration card address move matters is inconsistent.

However, on October 20, 2017, the Defendant paid compensation to the Plaintiff for the third land consistent with the address under the Plaintiff’s resident registration card, and completed the registration of ownership transfer in the name of the Defendant.

After that, the Defendant deposited the deposited amount of KRW 125,458,250, and KRW 158,54,001,950, totaling KRW 158,543,70, and KRW 2850,000, in accordance with the adjudication of expropriation by the Central Land Expropriation Committee, pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, May 24, 2018.

E. Meanwhile, the Plaintiff was born at “Ssung-gun K,” which is the legal domicile of the Plaintiff’s headquarters, and each of the instant cases on the farmland ledger and land cadastre.

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