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(영문) 광주지방법원순천지원 2015.01.15 2013가합2857
지적공부 복구 및 손해배상
Text

1. Claim for the performance of the restoration procedure on the closed cadastral record with respect to the area of 76 square meters in the 76 square meters in the Hagu-gun B, Chungcheongnam-gun.

Reasons

1. Basic facts

A. On April 9, 1948, the Plaintiff’s father, who purchased on April 9, 1948, and completed the registration of transfer of ownership as the receipt No. 9999, Apr. 30, 1948, for the land divided from the above land (hereinafter “instant land”).

B. On December 30, 1964, the instant land was divided into 1,587 square meters and 76 square meters prior to E on December 30, 1964, and was written in the land cadastre (not at that time the registration of subdivision was not made) and the instant land was converted from “B” to “road”.

C. On December 30, 1964, the Defendant: (a) divided the instant land into E and B land upon application for agricultural partition; (b) but did not register the division; (c) however, on the ground that Japan was recorded as the owner of E and B’s land, the Defendant deemed the instant land as owned by Japan pursuant to Article 2 of the Act on the Disposal of Property Belonging to the State Property Belonging; and (d) acquired the instant land as owned property belonging to the State, and completed the registration of the preservation of ownership in the name of the Defendant under the name of Gwangju District Court (Seoul District Court Mau Office of receipt on March 2

After that, the above land B was incorporated into the Hamyeong-gun Hamyeong-gun Urban District Readjustment Project implemented by Hamyeong-gun along with the neighboring land, and was repealed by the former Act on August 20, 1992 as Act No. 5077 on December 29, 195.

The Minister of Agriculture, Forestry and Fisheries may, where deemed necessary to abolish all or part of a site for a road, irrigation channel, irrigation channel, drainage channel, bank, ditch, reservoir or river which is a national due to the implementation of a farmland improvement project, concede the State-owned land to the implementer of a farmland improvement project without compensation as prescribed by Presidential Decree, notwithstanding the provisions of the State Property Act, the Road Act, or the River Act.

(Article 165(1) of the Act. If it is deemed necessary after completing the construction of farmland improvement projects, a farmland improvement project implementer who has obtained authorization of a land substitution plan shall do so.

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