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(영문) 의정부지방법원 2017.07.13 2016구합10249
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances and basic facts of the disposition;

A. The division of the land before the instant partition and the transfer of ownership are completed 1) G forest land B 21,322 square meters (hereinafter “instant land before the instant partition”).

(3) On October 21, 2003, G purchased 2/9 shares of the instant land before the instant partition and completed the registration of ownership transfer on August 9, 201. On May 17, 2010, H purchased 2/9 shares of D and E among the instant land before the instant partition. Moreover, on December 3, 2010, H acquired 3/9 shares of C’s 3/9 shares in the instant land before the instant partition and completed the registration of ownership transfer on December 27, 201, the land category of the instant land was changed to 21,34 square meters in forest and forest, 300 square meters in forest and forest, 360 square meters in forest and forest, 40 square meters in forest and forest, 36 square meters in forest and forest and forest, 45 square meters in forest and forest and forest, 360 square meters in forest and forest and forest, 200 square meters in the instant land before the instant subdivision.

3) On January 3, 2014, the Plaintiff entered into a sales contract with G on 149/969 of the G equity shares of the instant factory site and P forest land 969 square meters. At the time of the conclusion, the Plaintiff entered into a sales contract with G, stating that “Sari Q shall proceed again after the seller’s completion of the transfer of ownership as owned by the G and the sale of ownership.” Since February 26, 2014, the Plaintiff completed the registration of ownership transfer on 149/100 of the instant factory site and P road 969 square meters, among the instant factory site and P road 969 square meters, and completed the registration of ownership transfer on 17/108 of the total amount of Q road 108 square meters on September 4, 2015.

B. The content of the change of the holder of a title related to the instant project 1D is to construct a new factory on the land and S land before the instant partition.

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