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(영문) 서울고등법원 2016.11.11 2016나8338
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims changed from the trial are all dismissed;

2. Filing an appeal;

Reasons

Basic Facts

The outline location and shape of the land relating to the instant case shall be as follows:

(hereinafter) On the parcel number, the part indicated in A(B)(i)(Ga)(Ga)(Ga)(Ga)(Ga)(Gamb)(Gamb)(Gamb)(Gamb) was totaling from the left side of the said drawing.

In around 1994, this was owned by the PPPPP Co., Ltd. (hereinafter referred to as “PPPP”).

double (B) The area of 2,082 square meters in part was scheduled to be expropriated as a primary road site.

C. Along with the area of 7,041 square meters prior to F. F. It was owned by a third party at the time of 194, and there was a forest E. 767 square meters on the right side, which was owned by the right side, but at the time of 1994, a mortgage was established as at the time of the 1994. The family leisure planned D development project (hereinafter “the instant park project”) to be implemented on the 24 parcel, including the 7,041 square meters prior to the division, and was planned to be implemented on February 25, 1993 pursuant to the Natural Parks Act and the Enforcement Decree of the same Act by filing an application for permission to implement the park project with the head of Pyeongtaek-Gun, who is the competent administrative agency, on March 9, 1993. The family leisure planned to be implemented as part of the instant park project as a part of the instant park project, including C7,041 square meters prior to the division, F.M. forest and field as a lodging facility.

(2) On March 2, 1994, the Plaintiff and the Plaintiff, the Defendant, and G agreed to sell and purchase the remaining parts, other than 2,082 square meters, which were scheduled to be expropriated as a road site, prior to the subdivision, on the premise of the said plan, on March 2, 1994, on the premise of the said plan, as follows:

(hereinafter “this case’s sales agreement”). In selling and selling real estate of 7,041 square meters prior to the division, the following agreements are confirmed: (a) the household leisure, which is excluded from the part of 2,082 square meters owned by the Defendant under this Agreement, is the location of the said drawing after the completion of the cadastral determination of the real estate for this purpose as the D business operator and the owner; and (b) the family leisure was pointed out as the location of

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