logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2014.12.04 2014누10972
경정청구불채택 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 20, 1996, the Plaintiff acquired the ownership of three lots of land, including B 228 square meters prior to Chungcheongnam-gun, Chungcheongnam-do, 228 square meters prior to C, and 916 square meters prior to D prior to D (hereinafter “instant land”). The instant land is classified as dry field, the land category of which is a dry field, and constitutes Class-I general residential areas in urban areas under the National Land Planning and Utilization Act.

On the other hand, the Plaintiff does not reside in the instant land and does not self-culp the instant land.

B. On February 21, 2012, the assigned military entity purchased the instant land and its surrounding land located immediately behind the assigned military office, and established and implemented a plan to create and use the parking lot. On February 21, 2012, the Plaintiff and E, the owner of the land subject to purchase, submitted to the assigned military entity a written consent to sell the land at the appraisal price of the land to the land to be used for the parking lot located in the vicinity of the assigned military office.

C. On June 7, 2012, the Assignment Group notified the Plaintiff, the owner of the instant land, and E, the owner of neighboring land, of the purchase price, of the plan to purchase the site around the Gun office to the effect that “if two or more specialized agencies are to be determined as the purchase price, the recommendation of one agency among the specialized appraisal corporations is changed.” On June 14, 2012, as prescribed by Article 5, etc. of the Ordinance on the Management of the Assigned Military Property, the Assignment Group requested the Gun Council to deliberate on the project for creating the site around the parking lot around the Gun office (hereinafter “instant project”).

The granted group stated on June 26, 2012 as "the date of concluding the contract is June 26, 2011" in the real estate sales contract in the certificate No. 1 of Eul on June 26, 2012, but it seems to be a clerical error.

The Plaintiff’s purchase of the instant land in KRW 522,498,00,00, which is the appraised value.

arrow