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(영문) 대구고등법원 2016.02.24 2015나20316
소유권말소등기
Text

1. Of the instant lawsuit, the part of the claim for the confirmation of existence of ownership as changed in exchange in the trial room shall be dismissed.

2...

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by the purport of Gap evidence Nos. 1, 10, 11, 25, Eul evidence Nos. 1, 1 and 5 (including branch numbers, if not specially indicated; hereinafter the same shall apply) and the whole purport of the pleadings, and there is no counter-proof.

The land partition rearrangement cooperative in the defendant Yang Young-dong (hereinafter referred to as the "the defendant cooperative") is a cooperative established to implement a land rearrangement rearrangement project in Gyeyang-dong, Gyeyang-dong (hereinafter referred to as the "project in this case"), and received project implementation authorization from the Do Governor on June 8, 199.

B. On October 8, 199, the Defendant Mutual Aid Association approved the replotting plan designated as the school site (land scheduled for the establishment of Gyeyang Middle School) from the competent authority on the north-dong (12,500 square meters; hereinafter “previous land”) in Gyeyang-dong (hereinafter “former land”), and registered it as the owner of the Defendant Mutual Aid and Development Fund in the register of land secured for the recompense of development outlay; on March 14, 2008, the Defendant Mutual Aid and Development Company (hereinafter “Defendant Mutual Aid and Development Company”) sold the above land to the Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Company”) and registered the Defendant Mutual Aid Company as the owner

C. On January 12, 201, the Defendant Union: (a) obtained authorization for change of a land substitution plan including the change of land number to 12,510 square meters (hereinafter “instant land”). On January 25, 201, a land substitution plan was announced on January 25, 201; and (b) the Defendant Company completed the registration of initial ownership transfer on the instant land under the name of the Defendant’s Daegu District Court Port Branch, 16517 received on February 28, 2013.

2. Whether the part demanding confirmation of non-existence of ownership among the lawsuit of this case is legitimate

A. The lawsuit for confirmation of profit and the lawsuit for confirmation of confirmation is not necessarily limited to the legal relationship between the plaintiff and the defendant, and the legal relationship between one of the plaintiff and the defendant or between a third party or between a third party can be subject to it, but such legal relationship is confirmed.

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