beta
(영문) 대구지방법원포항지원 2016.10.07 2016가합10471

체비지대장 명의변경 등

Text

1. Defendant C:

A. The name of the owner on the register of land allotted by the authorities in recompense for development outlay regarding the area of 559 square meters in Northern-gu, Northern-si.

Reasons

1. Basic facts

A. The Defendant Cooperative is a cooperative established to implement an urban development project in the Fririth of the Northern-gu, Northern-gu, the Defendant Cooperative contracted the construction work for the above project from the Defendant Cooperative. On December 13, 201, the Defendant Cooperative transferred the instant land allotted by the authorities in recompense for development outlay and entered the land in the ledger of the land allotted by the authorities in recompense for development recompense for development recompense for development recompense for the instant land (hereinafter “instant ledger”) as its owner.

B. On July 2, 2012, the Republic of Korea transferred the instant land allotted by the authorities in recompense for development outlay to Defendant C, and the Defendant Union changed the name of the owner on the registry of the land allotted by the authorities in recompense for development outlay from the land to Defendant C.

C. On March 30, 2016, the Plaintiffs concluded a sales contract with Defendant C to purchase the instant development recompense land from the said Defendant for KRW 1,000,000,000. The said Defendant decided to deliver the said development recompense land to the Plaintiffs on the same day.

Defendant Union rejected the Plaintiffs’ claim by changing the name of the owner on the instant land secured for recompense of development outlay from Defendant C to the Plaintiffs.

[Reasons for Recognition] Evidence No. 1, Evidence No. 3-1, 2, 3, Evidence No. 4, 5, Evidence No. 6-1, 2, Evidence No. 7-1, and 2, and the purport of the whole pleadings

2. In the event that the land readjustment project executor of the plaintiffs' claim against the defendant C designates the land allotted by the authorities in recompense for development outlay before a land substitution disposition and disposes of it to the third party, if the transferee satisfies any of the requirements in the register of land delivery or the land secured by the authorities in recompense for development outlay, the transferee can acquire rights to use and profit from the land in question and dispose of the land exclusively to the third party, as well as the right to use and profit from the land in question, and if a land substitution disposition is later announced, the land secured by the authorities in recompense