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(영문) 의정부지방법원 고양지원 2018.04.04 2016가단72545
손실보상금
Text

1. The defendant shall be the plaintiff.

(a) KRW 4,260,550 as well as 5% per annum from October 25, 2017 to April 4, 2018; and

Reasons

1. Facts of recognition;

A. On June 5, 1965, C, D, and E, which are the grounds of the clan of the B clan (hereinafter referred to as “non-party clan”), completed the registration of preservation of ownership on the size of 4,085 square meters and 1,577 square meters before I.D.

B. On December 30, 1972, ① J-road 99 square meters (hereinafter “J land”) and ② K-road 46 square meters (hereinafter “K land”) were divided into 4,085 square meters prior to L, and ③ M road 225 square meters (hereinafter “M land”) were divided into 1,57 square meters prior to L, and the land classification was changed into a road.

On December 13, 1994, 33 square meters prior to N (hereinafter “N land”) was divided into 3,940 square meters in L prior to L, and 668 square meters prior to O (hereinafter “O land”), respectively, into 1,352 square meters in J, K, N, and M, respectively.

C. On May 7, 2008, the Plaintiff, which is similar to the non-party clan, obtained a title trust on the land of 18 parcels located in the village, including the five parcels of this case from the non-party clan on May 7, 2008, and completed the registration of ownership transfer on October 4, 1966 on the five parcels of this case based on the Act on Special Measures for the Registration, etc. of Real Estate Ownership Transfer.

On December 11, 2010, the Defendant: ① 81m2 inboard connecting each point of Annex 2, 3, 4, 5, 6, 7, and 2 among J land in sequence; ② 39m2 inboard connecting each point of Annex 8, 9, 10, 11, 12, and 8 among K land in sequence, ③ 4, 5, 14, 15, 29, 30, 31, 32, 33, 22, 23, 36, 35, 34, and 14, the part of Annex 1 to Annex 2, “A”, among the land, has been continuously supplied as the ground for the Defendant’s offering of each portion of Annex 1 to Annex 1, 2, 1, 35, and 461m2 to the general public for the passage of the general public.

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