logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.17 2015구합10259
토지매수청구 거부처분 취소 등
Text

1. On October 2, 2015, the head of the original Regional Construction and Management Administration rendered a disposition of refusing to purchase land against the Plaintiff.

Reasons

Details of the disposition

On September 16, 2004, the land prior to the instant subdivision was divided into C river 1,467 square meters, D river 127 square meters, and E river 128 square meters. The said C river 1,467 square meters was divided into C river 766 square meters and B river 701 square meters on February 17, 2010.

(A) On October 31, 1986, the head of Pyeongtaek-Gun publicly announced that the land before the instant subdivision falls under the land incorporated into the river area of the North Korean River, a national river, F, the owner on the registry, can claim compensation for the incorporation into the river area pursuant to Article 2 of the Addenda of the former River Act (amended by Act No. 3782, Dec. 31, 1984; hereinafter “the River Act of 1984”).

Accordingly, on December 18, 1990, F claimed compensation for the land before the subdivision to the head of Pyeongtaek-gun, and on November 24, 1997, the head of Pyeongtaek-gun intended to consult with F on the compensation for the land before the subdivision of this case with F on KRW 15,928,50, but F refused to receive the compensation on the ground that the compensation is low. On December 30, 1997, the Government Branch of Seoul District Court deposited the deposited amount of KRW 15,928,500 as F on December 30, 1997 (hereinafter “the deposit of this case”), and “The Government Branch of the Seoul District Court deposited the deposited amount of KRW 15,928,500 as F on the land before the subdivision of this case to provide all the documents necessary for completing the registration of ownership transfer as the State (Ministry of Construction and Transportation).

However, as F did not receive the instant deposit, the instant deposit was eventually reverted to the National Treasury.

F on January 13, 1998, the F donated the land before the instant subdivision to G, and G died on April 7, 2002, and H succeeded to it.

H On June 15, 2009, the registration of ownership transfer was completed on April 17, 2009 with respect to land C, E, and land B, etc. to the Plaintiff (I before the name of the title).

The plaintiff is the defendant, who is the managing authority of the North Korean River on April 13, 2015, on the ground that the land E and the land B were incorporated into the river area of the North Korean River in 2011.

arrow