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(영문) 대전지방법원 2016.07.07 2015가합102853
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed facts

A. The Plaintiff’s project implementation 1) On February 11, 1986, Ulsan Metropolitan City, as part of the urban planning project under the Urban Planning Act, intended to conduct a project to create the Hansan City and Ulsan City Park (hereinafter “instant project”), which is an urban planning facility, by attracting private capital in the number of 155 U.S. Dong-dong, Ulsan Metropolitan City as part of the urban planning project under the Urban Planning Act (hereinafter “the instant project”). In the process of the instant project implementation, the Plaintiff planned to sell the facility site within the project district before the completion of the project, and planned to sell the facility site in advance, without going through the actual survey, by dividing the facility site into the drawing and attaching a temporary lot number only, and concluded a sales contract by specifying the land subject to the said temporary lot number with the private investors. According to the above sales contract, the Plaintiff’s ownership of the specific object after the completion of the project is transferred to the preemptive investors by means of the transfer of the ownership of the land subject to the said project, and the size and size of the land after the completion of the project can be adjusted by agreement.

3) Meanwhile, the Ulsan Metropolitan City, upon consultation with the Plaintiff, completed the registration of ownership transfer with respect to 44,238 square meters from September 1987 to October 198 of the project site, the compensation for which has been completed from around 1988, on the 44,238 square meters, based on the completion of the project and the registration of ownership transfer is completed in its name on the ground of a consultation on the land for public use. (B) The Plaintiff’s acquisition of the right to implement the project of this case from the early stage of the project of this case to the early stage of the project of this case, double sale of the company’s internal subdivision, the unclaimed

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