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(영문) 광주지방법원목포지원 2020.09.23 2019가단51025
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 25, 1986, the Plaintiff completed the registration of ownership transfer on the ground of the concession on December 28, 1985, with respect to E, 413 square meters (hereinafter “E before the instant subdivision”) and 498 square meters (hereinafter “F land before the instant subdivision”).

B. Under Article 30 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 25 of the Enforcement Decree of the same Act, and Article 2 of the Jeonnam-do Ordinance on Delegation of Administrative Affairs, the new Gun publicly announced the modification of the new Gun management plan (hereinafter “instant management plan decision”) with H roads (i, J, breadthwon 12, assistant arterial breadth, extension 4,55m, extension 4,55m, terminal point K, L, general Do road M) among the public announced G on October 13, 2009, the new Gun announced the modification of the new Gun management plan (hereinafter “instant management plan decision”). At the bottom of the above notification, the new Gun publicly announced that “relevant islands are kept in the construction disaster management department of the new Gun and are open to the general public.”

(hereinafter referred to as the “Public Notice of the Newanananan-N topographical map (1:5,00) - around February 2010, the Plaintiff kept it in the construction disaster management department.

The above topographic map is indicated as being included in part of the coast, among the land E before the instant partition, and part of the coast, among the land F before the instant partition, in H road zones.

C. On June 25, 2015, the former Do Governor publicly announced a road zone and publicly announced a topographic map pursuant to Article 25 of the Road Act, Article 32 of the National Land Planning and Utilization Regulation Act, and Article 8 of the Land Use Regulation Act.

(hereinafter “Nannam-do 2015 Public Notice”). Of the content of the Public Notice 2015, Nannam-do 2015, part of the content of the Public Notice of the Determination (Modification) of the Road Zones related to PDo Road (hereinafter “The Road Packing Works”) is as follows:

K K L L L LG M Q T PR R S I JH HF E

D. On June 2, 2016, the Plaintiff: (a) on June 2, 2016, the E company’s size of KRW 413 square meters prior to the instant division is not more than 183 square meters.

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