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(영문) 서울고등법원 2017.10.25 2017나2019218

산지전용허가명의변경청구

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this court’s explanation is as follows: (a) the reasoning for the judgment of the court of first instance is the same as the entry of the basic facts in Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was transferred to the Plaintiff with all of the above rights by Defendant D and J, who are delegated with all the duties of development, division, sale, and transfer of registration of the land from the co-owners of the instant development site. In particular, the J, in the process of the instant development activities, transferred the instant real estate to the Plaintiff on a final basis without any condition, such as permission for conversion of mountainous district, which was granted in the name of

Since then, the Plaintiff voluntarily withdrawn the auction of the AD Association in progress on the instant land, and performed development activities, such as the maintenance of permission for conversion of mountainous districts, the implementation of construction works, such as civil engineering works, and the sale of lots, etc., under the name of the prop, and the J and Defendant D attempted to exclude the Plaintiff from the instant project.

Accordingly, the Plaintiff, who is the assignee of all authority regarding the development activities on the instant real estate, shall seek against Defendant B and C, who is the title holder of the permission for the diversion of the instant mountainous district, the implementation of the procedure for the alteration of ownership, and the implementation of the procedure for the registration of ownership transfer as to

B. The Defendants and F were co-owners of the instant development site; Defendant B and F delegated all the powers related to the instant development project to Defendant D; Defendant D delegated to J for the implementation of the development project; Defendant C separately concluded a sales contract with J and delegated the duties necessary for the development project to J; and the J is proceeding with the development project.

The fact that Defendant D and J concluded a business agreement on the instant development project with the Plaintiff when the project was interrupted due to financial difficulties is as seen earlier.

However, as seen earlier.