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(영문) 광주고등법원 2020.05.27 2020나20127

소유권이전등기말소등기 등

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1. Of the judgment of the court of first instance, the part against Defendant D among the judgment of the court of first instance is revoked, and the revocation part is applicable.

Reasons

Basic Facts

On December 27, 2006, the Plaintiff is a person who completed the registration of transfer of ownership on the ground of the division of inherited property on September 5, 2003 with respect to the land of 175 square meters and F 4407 square meters, which was completed on September 27, 2012, and completed the registration of transfer on September 27, 2012 with respect to 300 percent of G forest land of 11,802 square meters on September 27, 2012.

(2) In addition to each of the above lands and shares, Defendant C is a company that promotes amusement park development projects in the Hayang-gun, Hayang-gun, Nam-gun, where each of the instant lands, etc. is located, and Defendant D is a construction company that received a contract for construction of commercial buildings with Defendant C on October 21, 2015 with regard to the above amusement park development project.

Around January 13, 2010, the Do governor, Jeonnam-do, in the course of the implementation of the amusement park development project, determined and announced the revised Sinyang-gun Urban/Gun management plan to create I (hereinafter referred to as “the instant amusement park”) on the land of 326,393 square meters in total, including the instant land, for the purpose of creating I (hereinafter referred to as “the instant amusement park”) on the land of 326,393 square meters in total, which is a space facility for the infrastructure under Article 2 subparag. 6 of the former National Land Planning and Utilization Act (amended by Act No. 9442 of Feb. 6, 2009); Article 2 subparag. 2 of the Enforcement Decree of the National Land Planning and Utilization Act.

On February 16, 2012, the Seoyang-gun agreed with Defendant C on the following terms: “The Defendant C shall carry out the two-stage project from among the instant amusement park development projects at the expense of the Defendant C.”

Defendant C, around October 2012, pursuant to the above agreement, designated himself as the second stage project implementer among the instant amusement park development projects, and applied for the provision of the said project sub-project as “J development project” (hereinafter “J project”). On October 18, 2012, the head of the Mayang-gun designated Defendant C as the project implementer of the said project.

(hereinafter referred to as “instant designated disposition”).