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(영문) 대전지방법원 2017.08.24 2017나104277
보상금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

Defendant B’s status as the parties (hereinafter “Defendant B’s clan”) is to establish an office in the Asan City L, which is established to promote the worship of the ancestor, the graves and the services of the clan, the preservation and management of property, and the friendship among the members of the clan. The Defendant C was to serve as the president of the Defendant clan, the Defendant D was to serve as the director.

In the case of the ownership of the forest of this case, E 24,496 square meters of the forest of this case (hereinafter “the forest of this case”) is owned by the defendant clan. The defendant clan held the title trust of the forest of this case to F, G, and H, and F, G, and H completed the registration of preservation of ownership of the forest of this case on July 9, 1970, each of 1/3 shares of the forest of this case.

I and J completed on August 25, 1981 the transfer registration for shares of G in relation to the forest of this case on May 1, 1972, with 1/6 shares each, and K completed the transfer registration for shares due to the sale on February 7, 2005, for shares of I on April 16, 1998; and the transfer registration for shares due to inheritance by consultation and division on July 6, 2005, for shares of the Plaintiff completed the transfer registration for shares due to inheritance by agreement and division on May 9, 1994.

On the other hand, K's 1/6 shares of K's 1/6 shares of the forest of this case began, and the transfer registration for shares was completed due to a compulsory auction as of September 12, 2006 in M on September 12, 2006.

Pursuant to Article 18 of the Industrial Sites Act, N Co., Ltd.: (a) incorporated the forest of this case into a project site when it implements an O business pursuant to Article 18 of the Industrial Sites Act; (b) completed the registration of transfer on December 5, 2006 with respect to the above MM portion by consultation on the acquisition of public land; and (c) completed the registration of transfer on December 28, 2006 for the remaining shares of the Plaintiffs, J, and H on December 17, 2007.

The N Co., Ltd. shall exclude the shares of M acquired through consultation from the compensation for the forest of this case.

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