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(영문) 전주지방법원군산지원 2016.04.15 2015가단54085

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. In around 1991, the Plaintiff filed an application for a building permit with the Defendant to construct an apartment on the ground of 4,020 m2, 142-2, 142-3, and 69-3 land of 142-2, 142-3, and 69-37 m2. A part of the above land was planned by the Defendant’s urban planning.

B. In the above process, the Defendant demanded the Plaintiff to divide the land expected to be donated into lots in accordance with the urban planning as above, and the Plaintiff divided the part of each of the above land to be donated, and the Plaintiff transferred the registration of ownership transfer to the Defendant on February 2, 1994 on each of the above land under Article 2658 of the Yasan-dong District Court No. 138-10, 69, 142-5, 142-5, 589 square meters of forests and fields (the land is the subject of the instant lawsuit only in this case; hereinafter the same shall apply), 142-6, 142-6, 170 square meters of forests and fields to the Defendant. On February 16, 1994, the Defendant completed the registration of ownership transfer with respect to each of the above land by the Jeonju-si District Court No. 2658

C. However, on February 23, 2002, due to the change of the above urban planning, the plan on small-ro 32 lines, which was scheduled to be established on the ground of the instant land, was abolished.

(A) In the instant case, the road was not constructed on the ground of the instant land due to the change of the road type. (d)

On the other hand, on April 15, 2013, the Plaintiff was dissolved by a resolution of the general meeting of partners.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 2, 3, Eul evidence 6 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on this safety defense

A. The main issue of this safety defense was already dissolved, and thus, the plaintiff has no legal personality to be qualified as a party.

B. Even if a corporation’s cause of dissolution occurred, it shall be deemed that the corporation is the party to the lawsuit within the scope of the purpose of liquidation until the liquidation is completed, and the Plaintiff’s lawsuit in this case shall also be deemed to have exceeded the scope of the purpose of liquidation.