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(영문) 서울중앙지방법원 2019.05.24 2018나38774
토지인도
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s land ownership acquisition (i.e., 10 square meters (hereinafter “instant land”) is land H has completed the registration of ownership transfer on February 25, 1987. The Plaintiff completed the registration of ownership transfer on November 29, 2012 on the instant land based on a donation made on November 22, 2012.

[Attachment 2] Of the instant land, the part of “bb” portion of the instant land (hereinafter “the instant land”) connected with each point of indicated 2, 3, 4, 5, 6, and 2 in sequence is being used for the traffic of the general public in the form of road package.

B. (i) On September 18, 1975, the Seoul Metropolitan Government acquired the ownership of the land of this case on September 18, 1975, on the ground of the circumstances as to C road 1,160 square meters (hereinafter “the road of this case”). At the latest, the land of this case, which was adjacent to the road of this case, was also included in the part of the site of this case.

The instant road and the instant road owned by Eunpyeong-gu Seoul Metropolitan Government were combined with the size of 403 square meters, E road 53 square meters, and F road 60 square meters on July 29, 1981, G road owned by Seoul Metropolitan Government. On November 7, 2012, G road was divided into 1,028 square meters and I road 2,281 square meters.

Article 2 (Types of Local Governments) (1) Article 2 (Types of Local Governments) of the Local Autonomy Act (wholly amended by Act No. 4004, Apr. 6, 1988; Effective May 1, 1988); and

1. Special Metropolitan City, Metropolitan Cities, and Dos;

2. The Si, Gun and Gu Article 3 (Juristic Personality and Jurisdiction of Local Governments) (1) shall be a juristic person.

(2) The Special Metropolitan City, Metropolitan Cities, and Dos (hereinafter referred to as “City/Do”) shall be under the direct control of the Government, Si/Gun shall be under the jurisdiction of the Do, and the autonomous Gu shall be under the jurisdiction of the Special Metropolitan City and Metropolitan Cities.

Article 5 Change of Zones, Abolition, Establishment, Division, and Property.

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