진정명의회복 소유권이전등기청구등
With respect to the Plaintiff with respect to 940 square meters in the land of Bupyeong-gu Incheon Metropolitan City
A. Defendant A is based on the restoration of the true title.
1. Facts of recognition;
A. D’s acquisition of the instant land 1) D Co., Ltd. (hereinafter “D”).
on August 25, 1984, the land is 4,875 square meters in Bupyeong-gu Incheon Bupyeong-gu E (hereinafter “land before division”).
(2) On December 16, 1986, the land before subdivision was divided into F Miscellaneous land 940 square meters (hereinafter “instant land”) and G miscellaneous land 3,935 square meters.
B. Approval of the Housing Construction Project Plan 1) The instant land was included in I, which is a newly constructed road according to the urban planning alteration (financial expenses) decision at H on September 29, 1986, at H of the Public Notice of the Construction Division. 2) After May 1, 1987, D was designated as an apartment development project operator in accordance with Article 21(2) of the Housing Construction Promotion Act and Article 24 subparag. 1 of the Enforcement Decree of the same Act, and the instant land was incorporated into the said project implementation district.
2) D applied for approval of a project plan for multi-family housing, and on July 23, 1987, the Plaintiff requested supplementation documents on the ground that the consent to use the site owned by the Ministry of National Defense was not attached, and the ownership of access roads was secured. 3) D submitted supplementary documents to the Defendant on August 13, 1987, along with a road plan (art. 4) including the instant land. On August 19, 1987, the Plaintiff approved the D housing construction project plan under the condition that the access road (I) including the instant land should be constructed and donated on August 19, 1987 (Article 21 of the Approval Conditions) on the condition that the plan for the installation of supplementary facilities include only 18M and 30M roads, and D applied for a conditional inspection on completion of construction of the instant land on August 19, 1989 (the completion of the instant project, etc.) D on the ground that each of the plan was approved on September 19, 1989.