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(영문) 대전지방법원 서산지원 2018.06.26 2018가단51688
환지청산금
Text

1. The Defendant’s KRW 59,460,100 as well as the Plaintiff’s annual rate from April 3, 2018 to June 26, 2018, and the following.

Reasons

1. Basic facts

(a) At the time of the Busan City’s land situation B, the nominated was J, Seosan-gun, but for convenience, it was indicated as P, Seosan-si B.

C On May 28, 1912, the land cadastre of 94 square meters, D was assessed on May 28, 1912, and the address column of the above D remains.

B. The 94 square meters in Seosan-si was divided into 280 square meters in a c ditch on January 4, 2002 and 31 square meters in a ditch (hereinafter “instant land”).

C. The instant land was incorporated into “F Urban Development Project” implemented by the Defendant.

The Defendant prepared a protocol of delivery of the substitute lot settlement money to D to pay 59,460,100 won in total as the substitute lot settlement money for the land of this case, and acquired ownership of the land of this case through the procedure of public announcement of delivery of the substitute lot settlement money by public notice pursuant to Article 14(4) of the Administrative Procedures Act.

The permanent domicile and the domicile at the time of death of G, which is the plaintiff's reference, are H at Seosan City.

The above G died on February 10, 1950, and the plaintiff succeeded to the above G alone.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Whether the instant land at issue is the same person D and G as the Plaintiff’s reference to the instant land

3. In full view of each of the circumstances described in the evidence Nos. 1 and 5 (including various numbers) and the overall purport of the pleadings, it is reasonable to deem that the same person is D and G, the plaintiff's reference to the land of this case, as the same person.

1) The location of the instant land, the legal domicile of the Plaintiff, and the domicile of the Plaintiff at the time of the Plaintiff’s death, are identical to “I”. (2) The address of the instant land, and the domicile of the Plaintiff at the time of the Plaintiff’s death, are the same as the Si-ri unit in Seosan City, but the index differs.

3) Article 33 subparag. 5 of the Korean Land Survey Board Regulations applied to the land cadastre at the time of the assessment of the instant land (Article 33 subparag. 5 of the Korean Land Survey Board Ordinance) (the address is the same as the land owner’s address.

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