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(영문) 대구지방법원서부지원 2016.02.25 2014가단20374
분묘굴이 및 임야인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On January 208, 2008, Lechis Co., Ltd. (hereinafter “ Lechis”) obtained designation of a project implementer and authorization of an implementation plan for an urban planning facility project for the Daegu-gun Seoul-gun District Government (hereinafter “Gechis”) and publicly notified on October 10, 2008 by the head of the Daegu-gu Metropolitan City Government (hereinafter “Gechis”).

B. The Defendant’s ownership of G, D forest land No. 1046 square meters and E forest land No. 318 square meters in Daegu-gun, which is incorporated into the site of the said urban planning facility project, was the Defendant’s ownership of H, and C previously 541 square meters in farmland.

(hereinafter referred to as “each of the instant real property”). Thereafter, on September 4, 2008, the Lebrest completed the registration of ownership transfer for the said land from H for sale and purchase reasons.

C. Although Led Co., Ltd had consulted with the owners in order to acquire and transfer obstacles to the remaining B, D, E forest and its surface, and C’s land obstacles, it did not reach an agreement, and thus filed an application for adjudication of expropriation with the Regional Land Expropriation Committee of Daegu Metropolitan City. On November 26, 2008, the said Expropriation Committee rendered adjudication of expropriation with the content of KRW 82,410,000 for each grave indicated in the separate pictures and drawings on each of the instant real estate (hereinafter “each of the instant graves”).

For this reason, Lehwork's deposit of KRW 557,90,900 (=475,496,900,82,410,000) with the Defendant as the principal deposit, and completed the registration of ownership transfer on the ground of land expropriation on December 31, 2008 with respect to the above B, D, and forest land on January 8, 2009.

E. Meanwhile, the Defendant and G filed an objection with the Central Land Expropriation Committee on the adjudication of expropriation of the said local Land Expropriation Committee, and the said Central Land Expropriation Committee deposited KRW 5,638,700 as increased compensation for losses on March 3, 2009 by increasing the compensation for losses to KRW 481,135,600 on February 12, 2009.

F. On January 8, 2009, the Plaintiff entered into a trust agreement with the Ledow on each of the instant real estate, and under the name of the Plaintiff.

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