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(영문) 대구지방법원포항지원 2016.06.28 2015가단304004

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 10, 1985, the Defendant (formerly: Gyeongjin Construction Co., Ltd.) obtained approval from the Plaintiff for the construction permit and the project plan for the construction of Rose of Sharon Rental Apartment (hereinafter “instant project”) in order to construct rental apartments on the 198 North-si, Northern-dong and five parcels. On December 16, 1985, the Defendant obtained approval for the use of the Rose of Sharon Rental Apartment (hereinafter “instant apartment”).

B. On May 24, 1985, the amount of 199-1, 199-2, 199-3, and 199-4 that was included in the Defendant’s instant business was divided into 198 m2 and 198-1,28 m2, 198 m2, 198-1,28 m2, and 198-2,208 m2, and 198-3 m24 m24 m2, 198-1, 1985 as of December 26, 1985.

(hereinafter referred to as “instant land”) 1,287 square meters in Northern-dong, 198-1, 198-1, 287 square meters in each of the following areas:

The defendant completed the registration of ownership transfer under the name of the defendant on May 24, 1985.

Article 33 (Approval of Project Plan, Building Permission, etc.) (1) A person who intends to construct housing of more than the number of units than that prescribed by Presidential Decree, or to create housing sites in excess of the size prescribed by Presidential Decree, shall prepare a project plan and obtain approval therefor from the Minister of Construction and Transportation.

The same shall also apply to any modification of a project plan (excluding any modification of insignificant matters prescribed by Ordinance of the Ministry of Construction and Transportation).

(8) In cases where a project undertaker installs new public facilities or public facilities replacing the existing public facilities on the land in a project district for which a project plan has been approved under paragraph (1), the provisions of Article 83 of the Urban Planning Act shall apply mutatis mutandis to the reversion

In such cases, the operator of the urban planning project, and the project plan shall be an implementation plan for the urban planning project.