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(영문) 청주지방법원 2019.01.24 2017나14353
토지보상금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of adult descendants who jointly set up EC 22 years of age F, and Defendant C and Defendant D are the plaintiff's clan members.

B. 1) On March 25, 1986, Non-Party G, the network H is the 795 square meters, the Jincheon-gun, Chungcheongnam-do, Jincheon-gun, the 215 square meters before K, and L 782 square meters (hereinafter “Before land substitution”).

(2) The land prior to replotting was replaced by 189m2 (hereinafter “after replotting”) on the ground of replotting under the Farmland Improvement Act on July 14, 1993, and the land after replotting was divided into 140m2 and 1759m2 (hereinafter “the instant land”). The land after replotting was divided into 140m2 and 1759m2 (hereinafter “the instant land”).

C. 1) H died on June 18, 1991. Accordingly, on November 7, 200, Nonparty O (P) completed the registration of ownership transfer as to the whole H shares of the instant land on the ground of inheritance by consultation and division on November 7, 2000. 2) G died on September 22, 2006. Accordingly, Defendant C, Defendant D, Nonparty Q, R, and S (T students) who are his wife’s wife and children jointly succeeded to G shares of the instant land.

[Defendant C, Defendant D, Q, R, and S (Tvers) 2/13, respectively, and Defendant B 3/13] d.

on March 26, 2012, Jincheon-gun completed the registration of ownership transfer based on the acquisition of public land sites as of March 9, 2012 with respect to the portion of O (P) shares on the instant land, and on January 16, 2015, the registration of ownership transfer was completed based on the land expropriation conducted on January 16, 2015 (hereinafter “land expropriation”).

E. Jincheon-gun paid KRW 6,427,115 to Defendant B, each of which was paid KRW 9,640,673, Defendant C, Defendant D, Q, R, and S (T) as compensation for expropriation following the instant land expropriation.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 through 6, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion.

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