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(영문) 광주지방법원 2018.06.21 2017가합53311
토지
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 8, 1998, the Defendant Gyeyang-gu Land Partitioning Association (hereinafter “Defendant Association”) obtained authorization for the establishment of the establishment and the authorization for the implementation of a land readjustment project (hereinafter “instant project”) with regard to the size of 1,121,925 square meters in North-gu, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, and Mapo-dong (hereinafter “instant project”).

B. On October 8, 199, the Defendant Union authorized a land substitution plan including the land scheduled for establishment of Gyeyang-dong 1202-1 (hereinafter “land scheduled for establishment of Yangyang-dong 1202-1”) and the land scheduled for establishment of Yangyang-dong 1611-1 (hereinafter “land scheduled for establishment of Yangyang-dong 1”) in the north-dong 1999, and registered the Defendant Union as the owner of each of the above land on the register of land secured for recompense for development outlay.

C. On June 12, 2003, the Plaintiff and the Defendant Union concluded a contract for construction work (hereinafter “the contract for construction work in this case”) with the contractor as the Defendant Union, the contractor as the Plaintiff, and the contract for construction work amounting to KRW 61,00,000,000.

The Defendant Union changed the owner of land secured for the recompense of development outlay from the Defendant Union to the Plaintiff on March 14, 2008 for the land scheduled for the establishment of Gyeyang Middle Schools in order to pay the construction cost, etc. according to the construction contract of this case, and on April 28, 2009 for the land scheduled for the establishment of Yangyang Elementary Schools.

E. On October 29, 2010 and November 10, 2010, the Defendant Union issued a notice to the effect that the construction price was overpaid to the Plaintiff, and that all the land registered in the name of the Plaintiff was returned to the original state in the name of the Defendant Union. On November 30, 2010, the name of the Plaintiff was cancelled ex officio on the land scheduled for the establishment of Yangyang Middle Schools and the land scheduled for the establishment of Yangyang Elementary Schools.

F. On January 12, 201, the Defendant Union, at the port of port, shall be located in the area scheduled to be established as a school site of 12,510 square meters in Seongbuk-dong 2027, Chungcheongnam-dong, Chungcheongnam-dong (hereinafter “instant land”), and the area scheduled to be established as a Yangyang-dong, North Korea-si, at port.

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