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(영문) 전주지방법원 2016.05.20 2015가단27332
토지보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty E, the father’s father, and Nonparty F, the Plaintiff’s father, the former representative of the Defendant, were subject to assessment in the name of co-ownership on November 16, 1919, when the land was located in the forest of 37,842 square meters (40,066 square meters before the correction; hereinafter “instant land”).

B. The defendant clan changed the title of the land of this case to the defendant clan on November 3, 1984 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562) and completed registration of ownership preservation on January 14, 1985.

C. On April 6, 2015, the instant land was divided into KRW 2,183 square meters of the forest land in the G forest, and KRW 21,427 square meters of G forest and H forest into KRW 14,232 square meters, respectively.

On July 15, 2015, the forest room group acquired through consultation for the public works the area of 21,427 square meters and H 14,232 square meters of G forest land in the forest room in the previous North Korea on July 15, 2015, and paid KRW 379,025,150 to the defendant clan. As the representative of the defendant clan, D dealt with the business related to the above acquisition, and received the above money.

E.F died on September 26, 1950, and the Plaintiff is the head of F.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the fact-finding results on the pregnant head of the Gu/Si/Gun, the purport of the whole pleadings

2. The defenses before the clan and the plaintiff's judgment on them proved to the effect that D is not the representative of the defendant clan. However, according to the fact inquiry results with respect to the head of the defendant clan, D can recognize the fact that D was elected as the representative of the defendant clan on June 27, 2015, so the above assertion is without merit.

3. The plaintiff's cause of claim and judgment on the cause of claim

A. The land of this case, which is the cause of the plaintiff's claim, was assessed E and F, and the defendant clan changed the name of the defendant clan to the name of the defendant clan by using a false letter of guarantee or confirmation with regard to the land of this case, and registered the preservation of ownership. Thus, the registration of the name of the defendant clan was made.

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