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(영문) 수원지방법원 2021.02.03 2019가합31088

소유권이전등기말소청구

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1. On May 30, 201, the Defendant received the Plaintiff on May 30, 2019 with respect to the land attached to attached Table 1.

Reasons

Basic Facts

A Co., Ltd. B (hereinafter referred to as “B”) planned to implement the project for constructing the apartment housing (multi-family housing) and its incidental facilities on the scale of 16 units and 866 households (F; hereinafter referred to as “F; hereinafter referred to as “the instant apartment”) in Yeongdeungpo-gu Seoul Special Metropolitan City (hereinafter referred to as “the instant project site”) and planned to implement the project on September 28, 2010, for the construction of the apartment housing (multi-family housing) (F; hereinafter referred to as “the instant apartment project”).

Since then, B revised the instant project plan to increase the scale of multi-family housing to 18 Dong 1,030 households, and obtained approval for the alteration of the project plan from the GU market on April 27, 2012.

After September 23, 2015, the public sale of the instant project site was announced on September 23, 2015. On November 27, 2015, G Co., Ltd (hereinafter referred to as “G”) entered into a sales contract with the purchaser for the instant project site.

G completed the registration of transfer of ownership with respect to the instant project site on March 28, 2016, and completed the registration of trust with respect to the Plaintiff according to the land trust contract on the same day.

G amended the instant project plan to change the instant project plan from B to G, from the initial Class 2 general residential area to Class 3 general residential area, to 11 units of multi-family housing (3 floors underground, 34 floors above ground), 1,597 units, and obtained approval for the alteration of the housing construction project plan from G market on May 27, 2016.

Since then on June 24, 2016, G obtained the approval of the modification of the housing construction project plan with the content that the instant project proprietor is the trustee of the project site.

The Plaintiff filed an application for the use inspection by Dong City Mayor on April 24, 2019, as the construction of urban planning facilities was completed but the construction of urban planning facilities was delayed.

On April 29, 2019, the Yongsan City Mayor issued a certificate of confirmation of the inspection of the separate use of the Dong on April 29, 201.