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(영문) 수원지방법원 2016.04.20 2013구합15669
손실보상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 1, 191, the Land Survey Book prepared during the Japanese Occupation Period is written that B was assessed on June 1, 191, 561.

On November 28, 1917, registration of ownership preservation was completed in the name of D on the land above.

B. The above A.

The land of Pyeongtaek-si became 1,537 square meters prior to Pyeongtaek-si E, and F bank 317 square meters (hereinafter referred to as the “instant land” in total, following division, conversion of area, and change of land category.

C. On April 1, 2004, on the ground of the error in filing an application, the registration of change of indication was completed to correct the address of the registered titleholder as Pyeongtaek-si G on the ground of the error in filing an application. On May 7, 2002, the registration of change of indication was completed by changing the address of the registered titleholder to “H apartment 3 Dong 210, Dong 210 on the ground that the former is located on May 7, 2002.”

The defendant completed the registration of ownership transfer on April 20, 204 with respect to the land of this case on April 20, 2004 by consultation on April 8, 2004.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. D (D, 1892 birth) whose registration of preservation of ownership was completed on the land of this case claimed by the Plaintiff succeeded to the land of this case as the children of B, and the Plaintiff succeeded to the land of this case as the children of the above D.

However, the Defendant paid compensation for the instant land to I (I, I, 1923 students) who do not have any right to the instant land, and did not compensate the Plaintiff, a legitimate owner of the instant land, for losses.

The Defendant is obligated to pay the Plaintiff KRW 63,688,200 for the instant land in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) and delay damages therefor.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The contents and legislative intent of the Public Works Act.

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