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(영문) 춘천지방법원 2016.05.25 2015가단53882
소유권이전등기
Text

1. The Defendant committed an act on July 9, 2015 with respect to the Plaintiff’s share of 1264/181 out of 617 square meters in Hongcheon-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. On June 23, 201, the head of Hongcheon-gun, Hongcheon-gun, Seoul (hereinafter “instant project site”) announced the authorization of the implementation plan for the D development project, which is a Hongcheon-gun, Hongcheon-gun’s Urban Planning Facility (hereinafter “instant project site”), to Hongcheon-gun’s Public Notice, and thereafter, the change of the project area was publicly notified.

B. The Plaintiff, a business operator implementing the instant project in accordance with the said public notice, intended to purchase 617 square meters out of 1881 square meters (hereinafter “instant land before the instant subdivision”), which was owned by the Defendant, prior to the subdivision in the instant project site, and intended to purchase 181 square meters (hereinafter “instant land before the instant subdivision”), but did not reach an agreement, filed an application for adjudication of expropriation with the competent local Land Tribunal on October 6, 201.

C. On August 29, 2014, the Plaintiff was rendered a ruling of expropriation that KRW 24,063,000 and the time of expropriation shall be September 29, 2014 (hereinafter “instant ruling of expropriation”) with respect to the amount of compensation of KRW 617 square meters out of 1881 square meters (hereinafter “instant land before subdivision”), which was owned by the Defendant, prior to the subdivision owned by the Defendant, on August 29, 2014. The registration was completed by the Plaintiff by means of transfer of ownership for 617/181 of the entire land before subdivision, on the grounds that the said land is not partitioned.

On September 25, 2014, the Plaintiff deposited KRW 24,063,00 for the instant land to the Defendant according to the instant ruling of expropriation.

E. After that, on January 20, 2015, the instant land prior to the instant partition was divided into 1,264 square meters prior to F and 617 square meters prior to B intended to be acquired by the Plaintiff (hereinafter “instant land”). As such, the Plaintiff’s share in the instant land 617/181 and the Defendant’s share in 1264/181, and the ownership transfer registration was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 2, 3, 4, Gap evidence 6-1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the land of this case, among the land before the partition, is located.

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