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(영문) 서울중앙지방법원 2016.11.23 2016가단5063817
소유권말소등기
Text

1. The Defendant registers the Plaintiff’s share of 1/2 of the square meters of Pyeongtaek-si C. 1383 square meters with the Suwon District Court’s registration of the housing site.

Reasons

1. Facts of recognition;

A. On March 5, 1980, the Plaintiff purchased 2354 square meters (hereinafter “land before subdivision”) prior to the division with Nonparty D and completed the registration of ownership transfer on the purchase of the land prior to the division.

(The plaintiff's address is stated in the register as "Silung-gun E 201 Dong 08). (b)

On December 24, 1984, the land before subdivision was divided into 1383 square meters prior to Pyeongtaek-gun, Gyeonggi-do and 1383 square meters prior to F, and 886 square meters prior to G. The land category prior to C was changed to a road, and the land category prior to C was 1383 square meters prior to Pyeongtaek-gun, Gyeonggi-do, and the land category was changed to a road, and it became 1383 square meters prior to the change of administrative district name on October 25, 2000 (hereinafter “instant land”).

C. On May 21, 1986, the Suwon District Court filed for the registration of the Housing Site Board and the registration of ownership transfer under the Defendant’s name (the cause of the registration: the acquisition of a site for public use on September 5, 1985; hereinafter “instant registration of ownership transfer”) with respect to the instant land. Since that time, the instant land is being used as a road under the Defendant’s management.

The calculation report on the land of this case and the owner of the IBDR's IBD loan compensation report and execution ledger are public pages. The amount of compensation in the column of the expected entry is stated as "2,39,505." The advance payment column is public column, "1,472,842." The date column is public column, and the registration column is stated as "registration completion", and the date column is also public column, and the number column of the deposit column is written as "public notice", and the deposit column is written as "public notice".

At the time, the defendant's internal purport is that "I will make a public announcement of the transfer of ownership and payment of compensation for the land incorporated into the loan road by public notice as added, but the transfer of ownership has not been prepared until now, pursuant to Article 6 of the Act on Special Cases concerning the Acquisition of Land for Public Use and the Compensation for Loss and Article 487 of the Civil Act".

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