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(영문) 대전지방법원 서산지원 2018.09.05 2018가단50869
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant Korea Asset Management Corporation shall be dismissed.

2. Defendant Republic of Korea shall U.S. dollars to the Plaintiff.

Reasons

1. Basic facts

A. Defendant Republic of Korea completed the registration of ownership transfer on the instant land on December 18, 1970.

B. The Plaintiff was the owner of 165 square meters in Seosan-si prior to the subdivision. Before the subdivision, C land was divided into C & 152 square meters in size on April 19, 1980 (hereinafter “instant land”) and D & 13 square meters in size in size (hereinafter “D”). The instant D land was transferred to Seosan-si on October 14, 1980 and became a road after being combined with E on December 23, 191.

C. From the time of Seosan on November 5, 1980, the Plaintiff obtained a building permit for the instant land C, F, G land, and the instant land as a site for the instant land, and registered it on the building ledger on November 6, 1981, by extending the existing two-story buildings on the instant land to three floors.

The Defendant Corporation entrusted the management of the instant land by Defendant Republic of Korea, on the ground that the Plaintiff occupied the instant land B without permission, notified the Plaintiff of the imposition of State property compensation.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, 9, 10 (including paper numbers), and the purport of the whole pleadings

2. We examine the judgment as to the claim against the defendant Republic of Korea. The above facts and the statements of Nos. 5 and 6 (including virtual numbers), and the fact-finding results as to the national records, are comprehensively considered, namely, the following circumstances, which were acknowledged from around 1980 to around 1981 as part of the "small-do Do tending Project", and the construction of a commercial building was ordered to remove the buildings constructed on the State-owned land or promote the construction of a commercial building, and the related parties were to implement the said project so that they can construct a building by getting out of the State-owned land under the State Property Act, and according to the amendment of the above administration plan, the land B of this case is included in the State-owned property subject to sale.

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