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(영문) 의정부지방법원 2016.04.28 2015가합2239
소유권이전등기
Text

1. The plaintiff (Appointed)'s primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Presumed factual basis

A. The permission to implement a park project is planned to implement a development project (hereinafter “instant park project”) on a 24 parcel of land, including 7041 square meters (hereinafter “land before subdivision”) in Pyeongtaek-gun, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do (hereinafter “Seoul-do”). On February 25, 1993, the head of Si/Gun, who is the competent authority, filed an application for permission to implement a park project with the head of Si/Gun on March 9, 1993 pursuant to the Natural Parks Act and the Enforcement Decree of the same Act, and obtained the permission to implement the project from the head of Si/Gun on March 9, 1993.

B. As part of the instant park project, flat leisure is deemed as part of the instant park project, land owned by Pyeongtaek-gun and Gyeonggi-gun E Forest Land (hereinafter “E”) with a size of 767 square meters.

F) 476 square meters prior to F, which was owned by a third party (hereinafter referred to as “F land”).

3) Land, including three lots (hereinafter referred to as “land subject to the instant project”).

(2) On March 2, 1994, the Plaintiff, the Defendant, and G (hereinafter “three persons, including the Plaintiff”) planned to conduct the cadastral adjustment of the land in the accommodation site (including the green belt area). On the premise that the accommodation facilities are to be constructed on the land in the instant project site, the Plaintiff, the Defendant, and the G (hereinafter “three persons, including the Plaintiff”) agreed to purchase each share of 1653/7041 of the land in the instant zone before the split-off, in total, 4959/7041

(hereinafter “instant sales contract.” ① When the instant land subject to the instant project is registered as a lodging facility site, three persons own each of 1,653 square meters (50 square meters) and each of 1,653 square meters (50 square meters) by specifying the location and boundary of 4959 square meters (1,500 square meters) out of 7041 square meters of the land before subdivision.

(hereinafter referred to as “instant sectional ownership agreement”). (2) Of land before subdivision, 2,082 square meters of land before subdivision shall be used as public land, such as roads, and the registration of ownership transfer shall be completed in the name of the defendant with respect to the share of 2082/7041.

(3) The F-owned land owned by a third party at the time shall be incorporated into the land before division after acquiring the ownership of the F-owned land from the ordinary leisure zone in the future, and each share shall be divided into three persons, including the plaintiff.

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