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(영문) 대구지방법원 2018.09.18 2017가단128739
보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The former 338 No. B was originally the land from which C was assessed on July 24, 1911. On November 25, 1924, the land category of the instant land remaining after D’s 307 square meters was changed to a road.

B. On March 21, 1946, E, who was deceased on March 21, 1946, was inherited by C, and thereafter registered the ownership transfer on April 11, 2008. At the same time, F, upon the above preservation registration, completed the registration of ownership transfer for reasons of sale. On January 19, 2016, the right to collateral security of KRW 5. million for creditors G was established, and the Plaintiff completed the registration of ownership transfer through the sale by voluntary auction on October 24, 2016.

C. On July 25, 1911, the instant land was designated as the land to be “I” as the land to be designated as the “I” by the Joseon General Public Notice, and on November 25, 1924, the land category was changed to a road, and it was transferred as part of the J road after the land category was changed to a road, and the Gyeong-do Gyeong-do Gyeongdo-do-si occupied and managed it as a road, and it was against the general public

After that, on December 1, 1938, under the Joseon Road Ordinance, the route of "L" was designated as K for the public notice of the Ministry of Maritime Affairs and Fisheries on December 1, 1938. On December 27, 1966, the local highway established on the instant land by the Presidential Decree No. 2845 on December 27, 196 was occupied by M, and the local highway was designated as N for the public notice of the Ministry of Construction and Transportation on September 29, 1969.

E. After that, on September 19, 1969, Gyeongsan-gun had completed road expansion and packing works by May 1978, while proceeding with compensation procedures for 214 parcels of land to be additionally incorporated while performing the P Road Expansion works.

F. On July 1, 1981, the administrative district reorganization, the Defendant occupied and managed the land of this case. On October 4, 1993, the land was designated as QR by the notification of the Daegu Metropolitan City and Daegu Metropolitan City on October 4, 1993. On November 5, 1997, the alteration of the type of the land and the expansion of the width were made.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 12, 15 and 16 (including each number), and the purport of the whole pleadings.

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