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(영문) 서울중앙지방법원 2017.05.12 2015가합573531
군부대 내 사유토지 매수청구
Text

1. Of the instant lawsuit, the part concerning the claim for purchase of each real estate listed in the separate sheet No. 1 shall be dismissed.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on May 28, 2008 with respect to each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) as indicated in the Plaintiff’s separate sheet No. 1 list.

B. Each of the instant real estate in relation to the right of each of the instant real estate is adjacent to the land in Seocho-gu Seoul Metropolitan Government, C, D, E, and F land (a land is specified by means of indicating only the Dong name and multiple index; hereinafter the same shall apply).

G and H acquired each of the 5/6 shares and 1/6 shares in the ownership of land B on April 24, 1996.

On December 21, 2011, the defendant acquired superficies (the Ministry of National Defense) with the duration of the land B from December 19, 2001 to 5 years from December 19, 2001.

On July 27, 197, the defendant acquired the E-land ownership (Ministry of National Defense) on September 6, 197, the ownership of I land (Ministry of National Defense), the ownership of D land (Ministry of National Defense) on February 17, 1979, and the F land ownership (Ministry of National Defense) respectively.

To enter Seocho-gu Seoul Metropolitan Government K, the only road connected to each of the instant real estate, Seocho-gu, Seoul J, it is necessary to obtain D land, L land, M land, and N land (hereinafter referred to as “instant entry land”) in total.

The defendant acquired the ownership of M land on February 17, 1979, the ownership of L land on January 13, 1990, and the ownership of N land on November 16, 2005, respectively.

C. At around 1977, the Defendant’s 52th Team Co., Ltd. (hereinafter “the instant unit”) established fences (hereinafter “the first fence”) on the boundary of each real estate of this case, such as the mark “O joint fence” in the attached Form 2, around 197.

Since 1977, the unit of this case established a superior station at the location of the same map “former superior station” and controlled access. The same map from 1996 indicate the “current superior station.”

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