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(영문) 부산고등법원(창원) 2019.05.02 2018나13830
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On April 3, 2017, the Plaintiff is a regional housing association established with the authorization of the establishment under the Housing Act by making the E-mail from the Kimhae-si market as a prospective housing construction site.

B. On March 26, 2018, the Plaintiff obtained approval of a project plan on a housing construction project (hereinafter “instant housing construction project approval”) that constructs apartment units on the parcel of land from the Kimhae-si and 247 from the Kimhae-si, Kimhae-si (hereinafter “instant housing construction project approval”), and the Kimhae-si announced the approval of the instant project plan on March 30, 2018.

C. Since the approval of the instant project plan, there was a change in the lot number, size, etc. in the process of dividing the land, and due to this, Kimhae-si changed the site location to the size of E and 220 lots (hereinafter “instant project site”) and the total area of the housing construction site to the size of 82,267 square meters on July 25, 2018.

The housing construction site area of the project site of this case (limited to the area to be incorporated into the housing site except road area, buffer green belt area, etc.) consists of 70,575 square meters in private land including each relevant real estate listed in the column for “real estate” listed in the separate sheet owned by the Defendants (hereinafter collectively referred to as “each real estate of this case,” and when referring to individual real estate, hereinafter referred to as “the instant real estate”), state and public land 11,692 square meters in state and public land (hereinafter referred to as “the instant land”), and 11,692 square meters in state and public land (hereinafter referred to as “the instant state and public land”), and the specific contents are as listed below.

[mark] The content size of the No. 1 (%) unit (%) united ratio of the area of the instant real estate, which is not owned by the Plaintiff, including each of the instant real estate, 3,90.85, 66,584.94, 80.94 21,692, 82,267 10

E. On the other hand, the plaintiff has several times prior to the approval of the project plan of this case.

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