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(영문) 수원지방법원평택지원 2019.01.23 2018가합10052
보상금반환
Text

1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

Reasons

Facts of recognition

In the auction procedure on March 11, 1997, the Defendant, including the Defendant’s acquisition of ownership with respect to the instant land, completed the registration of ownership transfer by winning the land B forest land (land register and land size 4,590 square meters on the registry, hereinafter “instant land”).

On December 2, 199, a public official belonging to Seosan City reported to the effect that the actual area is registered as 4,590 square meters in the land register or as 4,590 square meters in a 459 square meters and that it is subject to correction of registered matters. On December 28, 1999, the Seosan City entered the purport that it is "land subject to correction of registered matters" in the land indication column among the land cadastre of this case.

The entire land of this case, including the incorporation of the project zone and the announcement of a compensation plan, was incorporated into the C Road Construction Project (hereinafter “instant project”) zone, which is a public project prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

On February 13, 2009, the head of the Daejeon Regional Construction and Management Office, who is the project implementer of the instant case, announced a compensation plan under Article 15 of the Land Compensation Act to the effect that the amount assessed by multiple appraisal business entities with respect to the land within the instant project zone, including the instant land under Article 68 of the Land Compensation Act, should be paid at the compensation price, and the head of the Chungcheong Regional Management and Management Office delegated the compensation duties by the head of the Daejeon Regional Construction and Management Office to perform the appraisal of the market price of the land within the instant project zone, which was entrusted by the head of the Daejeon Regional Construction and Management Office on March 31, 2009.

On May 7, 2009, each appraisal business entity above submitted to the head of the Chungcheong Regional Headquarters of the Korea Highway an appraisal report with respect to the market price of the land in this case as follows, and the land in this case is registered.

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