logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.03.30 2017나24138
체비지대장의 압류말소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is a corporation established on June 17, 1991 in order to implement a land readjustment project (hereinafter "land readjustment project in this case") in the Ddong-dong and Edong-dong Dong-dong.

B. On January 11, 1997, the Defendant transferred the land development recompense land 3,185.1 square meters (hereinafter “instant land development recompense land”) owned by the Defendant to Do-do Housing Co., Ltd., the contractor, and on January 30, 1997, Do-do Housing Co., Ltd transferred the instant land development recompense land to the Plaintiff.

C. The relevant laws and regulations applicable to the instant case are as stated in attached Table 2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-3-3 of evidence 1-3, purport of whole pleadings

2. The plaintiff's assertion was registered in the register of land allotted by the authorities in recompense for development outlay as the owner of the land allotted by the authorities in recompense for development outlay, and there are rights to use and benefit

Even if the competent market is required to hear the opinions of the project implementer in advance at the time of granting construction permission, if the owner registered in the ledger of land allotted by the authorities in recompense for development outlay in accordance with the opposite interpretation of Article 9(3) of the Rules on the Defendant’s Articles of Incorporation intends to use the land, the head of the partnership must approve the use of the land. Since whether the land is constructed in accordance with the plan plan of authorized roads and the filling of the land is determined by the competent market rather than the

3. Part demanding the issuance of approval for use;

A. Where the land readjustment project executor designates a land allotted by the authorities in recompense of development outlay before a replotting disposition and disposes of it to a third party, if the purchaser satisfies any of the requirements in the transfer of the land or the register of land secured by the authorities in recompense of development outlay, the purchaser is entitled to exclusively use and profit from the land concerned, which is equivalent to real rights, and to dispose of it again to a third party.

arrow