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(영문) 부산지방법원 동부지원 2018.01.12 2016가합100187

소유권이전등기

Text

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

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

Reasons

1. Facts of recognition;

A. Relevant parties 1) The Committee for Promotion of the Establishment of the A Housing Reconstruction Project Association shall be Busan I (hereinafter “instant rearrangement zone”);

J apartment, K apartment, L apartment, M apartment, and NB in the improvement zone of this case

() In order to implement a housing reconstruction improvement project, the approval was obtained from the head of Suwon-gu on November 25, 2005, and the Plaintiff held an inaugural general meeting of a cooperative on March 2, 2014 and held on May 2, 2014, the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12640, May 21, 2014; hereinafter “former Act on the Improvement of Urban Areas and Dwelling Conditions for Residents”).

(2) According to the reasoning of the judgment below, the Plaintiff’s establishment was approved by the head of Si/Gun/Gu. The Plaintiff completed the establishment registration on May 19, 2014, and was authorized to implement the project on July 22, 2016, and the head of Si/Gun/Gu announced the authorization to implement the project on July 27, 2016. 2)O was a person who was the owner of each of the instant land, and was a child between P and the Defendants, and P died around 1962, around November 10, 1987.

The Defendants currently own each share in the attached list on May 17, 1962 concerning each land of this case located within the rearrangement zone of this case, and on November 10, 1987, due to inheritance of property.

B. From around 1979, Q Co., Ltd. started to purchase the land of the Busan I to build K apartment and L apartment complex in the instant improvement zone, and constructed K apartment and L apartment complex through division and consolidation of the land purchased. 2) Land Nos. 1 to 3 listed in the attached Table Nos. 1 to 3 in the attached Table Nos. 1 to 1 in the attached Table Nos. 1 to 3 is called the land of the Suwon-gu Busan (hereinafter “I land”).

(B) The land No. 1 listed in the separate sheet was divided from June 11, 1979, and the land category was changed from the land to the road before the former. The land listed in the separate sheet Nos. 2 and 3 was divided from the I land on December 16, 1980, and the land category was changed to the road before the former land category. (B) Defendant E was divided from the I land to the former road.