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(영문) 부산지방법원 2018.05.23 2017나53644
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff filed an application, such as the Plaintiff’s building permit, etc. on the ground of “724 square meters of site area, 330.75 square meters of building area, 45.68 square meters of building-to-land ratio, 441.53 square meters of floor area, 60.98 square meters of general steel structure,” which read “24 square meters of site area, 330.75 square meters of building area, 45.68 square meters of building-to-land ratio, 441.53 square meters of floor area, 60.98 square meters of land size,” the Plaintiff filed an application, etc. with the Defendant on June 12, 2007, for a new construction of “the instant factory.”

The "Building Permit Investigation and Inspection Report" attached at the time stated that one road adjoining the site, pedestrian or vehicle traffic impossible in relation to the road status of "on-site investigation".

B. On June 29, 2007, the Defendant, including the Defendant’s building permit, issued a building permit on the condition that “I will implement the procedures for gratuitous reversion of the road establishment until the approval for use is granted.”

C. On July 2, 2007, with respect to the share of 941/1570 square meters in Gangseo-gu, Busan Metropolitan City, the ownership change of land 3972-13, Gangseo-dong, Gangseo-gu, Busan Metropolitan City, as to the share of 3972-13, Dong-dong, Gangseo-gu, Gangseo-gu, Busan, the registration of share was completed in the Plaintiff’s name as to the share of 629/1570 among them.

On August 27, 2007, the above land was combined with 3972-33, Gangseo-dong, Gangseo-gu, Busan, and 631m2,201m2, and the area was 2,201m2. Accordingly, the co-ownership of the film speciality became 1323/201, and the Plaintiff's co-ownership became 878/2201m2.

On December 21, 2007, the Plaintiff and the film specialty center divided into 3972-13m2,201m2, Gangseo-dong, Busan, Gangseo-gu, Busan, into 3972-13m2,201m2, Gangseo-gu, Busan, Gangseo-gu, Busan, and 3972-13m2 and 724m2,201m2, and 85m2,00,000,000,000,000,000m2,00,000,000,00,000,0

E. On December 24, 2007, the Defendant’s permission for development acts by providing the following contents to the Plaintiff as permission (application for change).

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