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(영문) 수원지방법원 성남지원 2018.12.04 2017가합408892
소유권보존등기말소
Text

1. The plaintiff (appointed)'s primary claim is dismissed.

2. The plaintiff (Appointed)'s conjunctive claim 354,649.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, D, which has the address in Gisung Heavy Division C, is indicated as having received the assessment of Gyeonggi-gun E, Gwangju-gun 1,548 (hereinafter “instant assessment land”) on July 18, 1911.

B. Although the assessment land of this case was written as divided on June 30, 1965 in the land cadastre (No. 2) of G land atHanam-si on June 30, 1965, it is difficult to distinguish the date indicated in the former land cadastre (No. 4-2) from 1975 or 1965, and it is written as divided on June 30, 1965 in the former land cadastre (No. 4-1) of F land. In light of the above, it appears that June 30, 1975 is a clerical error as of June 30, 1965.

The land before the instant subdivision was subdivided into a 1,043 square meters and G 505 square meters (hereinafter “instant land before the instant subdivision”). The land before the instant subdivision was further subdivided into a 861 square meters and B 808 square meters (hereinafter “instant land”) on February 25, 2009, via the change of administrative district, conversion of unit area, etc.

C. On November 30, 2009, in accordance with the Small River Maintenance Act and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), with respect to the instant land, which had not been registered until the time to promote a small river improvement project (H small river improvement project), the Defendant was adjudicated to expropriate the land by the Land Expropriation Committee of the Gyeong-si by designating I, J, K, L, and M (hereinafter “I, and four other persons”) as co-owners on the land cadastre of the instant land as the landowner. Around December 23, 2009, the Defendant decided to expropriate the land by the Land Expropriation Committee of the Gyeong-si. Around December 23, 2009, the underlying law was stipulated in Article 40(2)2 of the Public Works Act, and the depositor was to pay the compensation for the cause of deposit as the above I and four persons, but the name and address of the owner on the land cadastre was not registered, but it is impossible to contact.

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