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(영문) 서울중앙지방법원 2016.04.29 2014가합14097
소유권이전등기말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

(a) Changes in the right to land in dispute and current status 1) Gyeonggi-gun 3,591 square meters (hereinafter “1 land”)

(2) On November 15, 1957, G was divided into G or J on June 15, 1957, on the land of G with the domicile in G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of

Of these, the registration of preservation of ownership in the name of Joseon Trust Bank Co., Ltd. (hereinafter referred to as “registration of preservation of ownership”) was completed on October 30, 1958 by the Gangseo-gu Seoul East District Court's Gangseo-gu Office of Registry on 157 square meters (hereinafter referred to as “the second land”) in 157 square meters.

At the time of October 30, 1958, the Joseon Trust Bank, a corporation, was changed to the Korea Reconstruction Bank, but it was recorded in the old registry.

3) The land Type 2 was changed to 157 square meters before Gangnam-gu Seoul, Gangnam-gu due to the administrative district change in 1963. On November 25, 1976, the land was divided into 79 square meters before L on the land on November 25, 1976, and was 78 square meters (258 square meters; hereinafter “third land”).

4) On June 3, 1978, the Korea National Housing Corporation (the Defendant Korea Land and Housing Corporation succeeded to the rights and obligations of the Korea Land and Housing Corporation; hereinafter the same shall apply) obtained approval from the Minister of Construction and Transportation of a housing site preparation project plan to construct apartment units 7100 in Gangnam-gu Seoul and N Group including third land.

(hereinafter referred to as the “instant project”). The instant project plan included a new construction of apartment (on-site P apartment) in the project site and a new construction of middle and high school with the size of 31,066 square meters (9,500 square meters) in Qilwon in Gangnam-gu Seoul Metropolitan Government.

5) The Central Land Tribunal shall expropriate the land on October 20, 1978 as compensation for losses in KRW 3,612,000 (hereinafter “instant expropriation”) and as of November 15, 1978 (hereinafter “instant expropriation”).

The acceptance ruling was made.

The Korea National Housing Corporation shall deposit the cause of the deposit with respect to the land on November 15, 1978 as the "reasons under Article 61 (2) of the Land Expropriation Act" and the deposited person.

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