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(영문) 전주지방법원 2015.05.27 2013가합3117
소유권이전등기
Text

1. The defendant takes the donor and the donee as the plaintiff as to the 3,012 square meters of the school site B in Busan-gu in Jeonju-si.

Reasons

1. Basic facts

A. The defendant is a school foundation which operates D High Schools and E Middle Schools in the Full-gu Seoul Special Metropolitan City, Jeonsi-si, and the F housing association takes over the business rights of a housing construction project implemented by ELD Co., Ltd. (hereinafter "ELD"), and obtains approval of a housing project plan to build apartment houses from the plaintiff, and carries out a housing construction project accordingly. The plaintiff is a local government having jurisdiction over the project site of this case.

B. On March 29, 2006, the Defendant filed an application with the Plaintiff for the alteration of an urban management plan (school) on the ground that it needs to improve old school facilities. On June 28, 2006, the Defendant filed an application with the Plaintiff for the alteration of an urban management plan (school) with the content of exclusion of some unused land from the previous school site. On June 28, 2006, the instant urban management plan was amended with respect to 37 square meters out of 350 square meters out of 350 square meters in Ysan-gu, Seoul Special Metropolitan City, Busan Special Metropolitan City, and 10 square meters prior to J. 39 square meters in urban planning facilities (public land) on September 22, 2006, on September 22, 2006.

3) Accordingly, on November 17, 2006, the Defendant agreed with the Plaintiff to contribute land of this case (hereinafter “Agreement on Contribution acceptance”).

B) In addition, if the approval of the sale of the instant land is determined by the Office of Education of Jeollabuk-do, it shall be designated as an urban planning facility (public land) and shall be donated to the Plaintiff without compensation at the preceding week. The letter of donation of the school site (Evidence A2, hereinafter referred to as “the certificate”) is called the instant confirmation.

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