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(영문) 부산지방법원 2017.08.08 2017가단300110

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 12, 2007, the Plaintiff filed an application with the Defendant for permission for construction and for change of form and quality of land to newly build a factory of two-story of a general steel structure of a size of 330.75 square meters on the ground (hereinafter “factory of this case”) of 3972-13 square meters in Gangseo-gu, Gangseo-gu, Busan, Gangseo-do (the 2201 square meters in the 3972-13 square meters in Gangseo-dong, Gangseo-gu, Gangseo-gu, Gangseo-gu, Gangseo-gu, 3972-13 square meters in the 3972-13 square meters in the 3972-40 square meters in the 3972-40 square meters in the 3972-40 square meters in the 3972-40 square meters in the 39

B. On June 29, 2007, the Defendant issued a construction permit, etc. for the instant factory on the condition that the part of the entrance road, which was in conflict with the road scheduled site, was donated to the Gangseo-gu Busan Metropolitan City, Gangseo-dong 3972-40 square meters (hereinafter “instant land”).

C. The Plaintiff completed the instant factory and completed the registration of ownership preservation on January 21, 2008, and completed the registration of ownership transfer on the instant land on March 13, 2008 for the Defendant’s free reversion on December 27, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. The plaintiff asserted that the land of this case was donated to the defendant on the condition that the road is constructed on the land of this case. The defendant neglected the construction of the road of this case and neglected the construction of the road of this case, and it became impossible to construct the road pursuant to the urban planning project in the future because the land of this case was incorporated into the land of this case in the Edelel City waterfront project site recently implemented by the Korea Water Resources Corporation. The plaintiff asserts that the registration of transfer of ownership in the name of the defendant is

3. If a land owner has made a donation to the State or a local government according to the subsidiary of the donation attached to the permission for changing the form and quality of land, so long as the subsidiary of the donation has not been void or cancelled as a matter of course.