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(영문) 서울중앙지방법원 2015.01.15 2013나63546
소유권이전등기청구 등
Text

1. Defendant in excess of the following amount with respect to the preliminary claim for the judgment of the first instance.

Reasons

1. Facts of recognition;

A. On May 30, 1994, the Defendant approved and publicly notified the following urban planning project implementation plan (road) with respect to the urban planning project (road) completed by the public perusal and public announcement of Q Q of Seocho on May 30, 1994.

The type of urban planning project (road) name: The project implementer for the expansion of access roads (section 2): The size of the project of the head of Seocho-gu Seoul Metropolitan Government: the road (breadth: 15 meters: 2,040m): the project period: April 1994 to April 2, 1995; the defendant, according to the above public notice, intended to expropriate 352m2 out of the Seocho-gu Seoul Metropolitan City Cro 896m2 (hereinafter “the land before the instant partition”) owned by the plaintiff, and changed to expropriate 314m2 out of the land before the instant partition.

(3) On September 27, 1995, the Defendant paid compensation of KRW 68,766,00 to the Plaintiff and divided the above incorporated part into KRW 314,00 on October 28, 1995, and completed the registration of ownership transfer in the Defendant’s name based on land expropriation.

(4) The E Access Road Expansion (2j) was terminated on December 29, 1995.

B. (1) On November 30, 1999, the Defendant approved and publicly notified the alteration of the implementation plan of the urban planning project (road) in Seocho-gu as follows, according to the alteration of the part of the land division, etc., with respect to MM construction work (the first vehicle) that has approved the implementation plan of the urban planning project (road) as a result of the Seocho-gu public notification K (K) of Seocho-gu ( September 29, 1999). On November 30, 199, the Defendant had 132 square meters out of the land before the instant subdivision be incorporated into the said road.

Project site: The name of the Seocho-gu Seoul Metropolitan Government Urban Planning Project (Road) project: The scale of the project for the construction of MM roads (First Road): the opening of roads - the width of eight meters and the extension.

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