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(영문) 수원지방법원안양지원 2014.11.20 2014가단108193
지상권 일부 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 17, 1980, the Defendant sent a written notification to request B to purchase and use the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by B as a site for the reserve forces training site for the purpose of using B as a site for the reserve forces training site, and C, who is the husband of B, agreed to sell on behalf of B in advance without consent.

B. On September 16, 1980, the defendant sent to B a military unit a certificate of right to registration of the real estate of this case and notified B that he/she will comply with the real estate sales contract of this case within one month from September 24, 1980, but B did not comply with this.

C. Around that time, the Defendant deposited KRW 58,962,00 as compensation money for the instant real estate by public notice on December 26, 1980, under the Suwon District Court No. 80 years Suwon District Court No. 4100 on December 26, 1980, while continuously residing in B at the address on the registry at that time, for the reason that the owner’s address was unknown.

On December 24, 1986, the defendant deposited the compensation money for the real estate in this case on the grounds that the owner's address is unknown, and the defendant was notified on February 27, 1987 that the land compensation money was deposited by the court.

E. On March 12, 1987, the Defendant completed the registration of ownership transfer in the name of the Defendant on the ground of a consultation on the public land on December 26, 1980 on the instant real estate.

F. B demanded the Defendant to recover and deliver B’s ownership of the instant real estate. Accordingly, the Defendant, by allowing the Gun to use the instant real estate free of charge, ordered the Defendant to restore the ownership of the instant real estate to B.

G. B and C have the advantage to secure ownership of the instant real estate even if they have established superficies without compensation to the Defendant.

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