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(영문) 창원지방법원통영지원 2015.12.15 2015가단4121
소유권이전등록
Text

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

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

Reasons

1. Facts of recognition;

A. On October 15, 1947, J donated 79 square meters of K-road 79 square meters of land (hereinafter referred to as “the land location”) and L 104 square meters of land in Gyeong-do, Gyeong-do on February 27, 1948 and completed the registration of ownership transfer on February 27, 1948. The Defendants, their children, succeeded to 1/8 of each of the above lands due to the death of J on July 27, 2001.

B. On February 24, 2012, K road: (a) was divided into 18 square meters on M road and 55 square meters on N road; (b) L 104 square meters was divided into 13 square meters on February 29, 2012; and (c) L 81 square meters on the division of 10 square meters in O road and 10 square meters in P 10 square meters.

(hereinafter) Before the division, K road 55 square meters, L field 81 square meters, O road 13 square meters, M road 18 square meters, N road 6 square meters, and P field 10 square meters (hereinafter “Before the instant expropriation”).

On December 17, 2012, the Korea Land and Housing Corporation expropriated 18 square meters and 10 square meters of M-road among the land prior to the instant expropriation, and around that time deposited KRW 7,198,800 in the Defendants’ future land expropriation compensation, and completed the registration of ownership transfer on February 19, 2013.

(hereinafter “instant land” among the lands prior to the instant expropriation, each of which is indicated in the separate sheet as above, and the said land expropriation compensation is referred to as “instant compensation”).

The Plaintiff was a non-corporate group consisting of the residents of the village A in Q in the Gyeongnam-si, Gyeongnam-do, and around 1981, extended the access road to the village in part of the land prior to the instant expropriation. The part completed by the said construction is being used as the passage around the closing date of the instant argument.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. On November 3, 1981, the Plaintiff purchased the instant land before the expropriation from J as a site for the extension of access roads to a village. The Plaintiff purchased the land from R in lieu of the payment of the purchase price, but did not complete the registration of transfer of ownership (the land was divided into 126 square meters on December 14, 2004 and the land was divided into 108 square meters, and the land was divided into 108 square meters.

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