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1. As to the Plaintiff, with respect to the land for the school of Nam-gu C, South-gu, Pohang-si, 7,498.6 square meters
A. Defendant A’s share 39/45, Defendant B’s share 6/45.
Reasons
1. Facts of recognition;
A. D Land Partitioning Association (hereinafter “instant association”) is the same year as the authorization for the establishment of the association from the Do governor on December 8, 1997.
1. 8. 8. An authorization was granted for the implementation of the Port Planning D Land Readjustment Project (hereinafter “instant project”) with respect to Port Planning D with respect to the area of 393,900 square meters in Nam-gu Ewon, Nam-gu, Seoul, as determined by the urban planning.
According to the above urban planning decision, the land indicated in the order (hereinafter “instant land”) is designated as a school site.
B. The instant association announced a replotting disposition on October 3, 2009, and completed the registration of ownership transfer on the ground of payment in kind on December 6, 201, after completing the registration of ownership preservation on the instant land on November 5, 201.
C. On September 6, 2016, Nonparty Company sold 39/45 shares of the instant land to Defendant A and 6/45 shares of the said land to Defendant B, and the same month after selling 6/45 shares of the said land to Defendant B.
9. The above Defendants completed the registration of ownership transfer on the ground of sale on September 6, 2016 (hereinafter “instant registration of ownership transfer”) with respect to each of the above Defendants’ share of land (hereinafter “instant registration”) by the Daegu District Court Branch Branch No. 74871, supra.
On September 9, 2016, Defendant A and B obtained a loan from Defendant School Saemaul Savings Depository, the Korea Saemaul Savings Depository, and the Korea Coast Guard Saemaul Savings Depository (hereinafter “Defendant School Saemaul Savings Depository, etc.”), respectively, completed the registration of the creation of superficies (hereinafter “registration of the creation of superficies”) based on the contract to establish a contract on September 9, 2016 with the Daegu District Court No. 74872 as to the instant land as to the aforementioned Defendants on the same day. The registration of the creation of superficies (hereinafter “registration of the creation of superficies”) was completed against Defendant School Saemaul Savings Depository under Article 74873 as the receipt of the said court on September 9, 2016.
[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 4.