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(영문) 대구지방법원경주지원 2014.12.16 2014가단3057
소유권말소등기 등
Text

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

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

Reasons

1. Basic facts

A. On April 28, 2001, on the land owned by the Plaintiff, it was divided into 267 square meters (hereinafter “instant land”). The name of the owner was registered as “D” due to the error in the computer transfer process in the register of the instant land, which was corrected on June 21, 2004, and on July 13, 2004, A’s address was corrected to “S”.

B. On July 13, 2004, Defendant Rail Network Authority completed the ownership transfer registration on the instant land as of No. 41044, which was received on the same day as Daegu District Court and Racing Support, and as of June 16, 2004 (hereinafter “instant first ownership transfer registration”), Defendant Republic of Korea completed the ownership transfer registration on the ground of reversion to the State on April 11, 2013 as of the receipt of Daegu District Court and Racing Support on the same day, No. 20668-5, which was received on the same day, as of February 23, 2011 (hereinafter “instant second ownership transfer registration”).

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1-1, 2, and 10, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff sought cancellation of the registration of transfer of title No. 2 to the Defendant Republic of Korea; (b) the Defendant Korea Rail Network Authority primarily sought cancellation of the registration of transfer of title No. 1; and (c) the implementation of the procedure for transfer of ownership

① At the time of the expropriation of the instant land, Defendant Korea Rail Network Authority notified the Plaintiff’s address on the registry of the instant land as “F” but failed to confirm the Plaintiff’s resident registration address, and applied for adjudication to the Central Land Expropriation Committee without confirming the Plaintiff’s resident registration address, and completed the registration of ownership transfer following the adjudication by the Central Land Expropriation Committee. As such, the registration of ownership transfer of the instant No. 1 based on the adjudication of expropriation made without lawful procedures for notification of land expropriation is deemed null and void.

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