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(영문) 서울중앙지방법원 2014.04.30 2013가단75715
소유권보존등기말소 등
Text

1. For the plaintiffs, as shown in the inheritance shares of each plaintiff in the separate sheet of inheritance shares in attached Form 2:

(a) Defendant Republic of Korea shall: (i)

Reasons

1. Basic facts

A. (i) On July 8, 1959, the registration of ownership transfer under the name of the Republic of Korea was completed under the title of the defendant E under the receipt No. 91961 of June 14, 2007, under the title of the same registry office (the final and conclusive judgment on August 25, 2006) with regard to the land in paragraph (1) of [Attachment 1] as indicated in [Attachment 1] List of Real Estate (hereinafter “the land in this case”), including land division and registration of ownership preservation, etc. (hereinafter “the land in this case”), and thereafter the registration of ownership transfer under the name of the defendant Gyeonggi-do Corporation was completed on April 6, 2009 under the title of the same registry office (the acquisition of public land in consultation on April 2, 2009).

Defendant E, as the heir of H, who is the assessment title of the instant land No. 1, filed a lawsuit against the Defendant Republic of Korea (U.S. District Court Decision 2005Da13987, Suwon District Court Decision 2006Na2138, Supreme Court Decision 2006Da65149) and completed the registration of ownership transfer based on the final judgment.

In order to implement the housing site development project, the defendant Gyeonggi-do Corporation will purchase the land of this case from defendant E and complete the registration of ownership transfer as above.

The registration of ownership transfer in the name of the Defendant Korea Land and Housing Corporation (the registration date was obtained on July 13, 2012) was completed on December 12, 1957 as the receipt No. 7013 of the receipt on December 12, 1957 with respect to the land listed in paragraph (2) of [Attachment I] list (the land B] from 724 to 724 on June 15, 1956; hereinafter “instant land”).

The Defendant Korea Land and Housing Corporation, as the executor of the housing site development project, has completed a consultation on the purchase of the instant land No. 2 between the Defendant Republic of Korea and the Republic of Korea (the compensation amounting to KRW 50,163,500 on July 13, 2012) and then has been adjudicated by the Central Land Expropriation Committee on July 18, 2013 on the confirmation of the formation of such consultation.

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