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(영문) 의정부지방법원 2018.04.27 2017가합52412
분양계약자명의변경절차 이행청구 등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The defendant is the plaintiff's wife, and C is the plaintiff's mother's child as the plaintiff's mother (the plaintiff's spouse), E, F, G, H, and the defendant.

B. On October 14, 2002, the Defendant, from his father I, donated 1,160 square meters in Nam-si, Nam-si, J-si, Nam-si (hereinafter the same omitted), L 1,170 square meters in lots, M 1,101 square meters in lots, N 483 square meters in total, N 483 square meters in lots, O forest, 522 square meters in lots, P forest, 3,074 square meters in lots, Q 6,149 square meters in lots (hereinafter the “each of the instant land”).

Among them, unregistered detached houses on N land (hereinafter “instant house”) were owned by the Defendant’s Republic of Korea R. Around 1988, R had resided in I and C without inheritance registration (I died in around 2009).

On July 2010, the Ministry of Land, Transport and Maritime Affairs approved a plan for the housing site development project (Korea Land and Housing Corporation) and the planned area for housing site development was converted into the Bogeumjari Housing District (the Gyeonggi-do Project) around September 2010.

On June 30, 201, the Gyeonggi-do Urban Project notified a compensation plan for land, etc. corresponding to the said Bogeumjari Housing District, and each of the instant land and the instant housing were incorporated into the project district.

Each of the instant lands was partitioned and modified on August 25, 201 as follows.

Q forest 6,149 square meters was divided into Q forest 2,575 square meters and T forest 3,574 square meters. Among them, T forest 3,574 square meters were subdivided into U forest 3,60 square meters and five forest 70 square meters.

P forest 3,074 square meters were divided into 2,607 square meters in W forest 3,196 square meters in W, and 2,607 square meters in X forest 88 square meters in X forest, 224 square meters in Z forest and 277 square meters in Z forest.

W forest land category of 2,607 square meters and U forest land category of 3,530 square meters has been changed to an orchard.

E. Around 2012, the Defendant received KRW 5,820,397,360 as compensation for each of the instant land, and C received compensation for the instant housing and divided it into R’s successors, including the Defendant.

(f) The Gyeonggi-do Si Corporation shall make the said Bogeumjari Housing District on September 26, 2016.

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