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1. Revocation of the first instance judgment.
2. The Defendant on April 19, 2018, with respect to the Plaintiff’s 64.5 square meters of Ulsan-gu road D, Ulsan-gu.
Reasons
1. Basic facts
A. The Defendant completed the registration of ownership preservation on each of the following grounds: (a) the land subdivision association prescribed by the former Land Readjustment Project Act (repealed by Act No. 6252, Jan. 28, 2000); (b) the land rearrangement project was conducted in the Dong-dong, Ulsan-gu, Ulsan-si, Seoul-si, which was located in the project execution district, on October 15, 1979; and (c) the land rearrangement project was conducted in the Dong-dong, Ulsan-gu, Ulsan-gu, Seoul-do, where a disposition of replotting was taken; (d) 64.5 square meters (hereinafter “the instant land”); and (e) GJ 212.4 square meters; (d) HJ 204.9 square meters; and (e) 198.2 square meters; and (e) 203 square meters in the JJ 203.3 square meters (hereinafter collectively referred to as “the adjoining land”).
B. On April 10, 2018, K Co., Ltd. (hereinafter “K”) completed the registration of ownership transfer based on the sale of the instant adjoining land. On the same day, under the real estate security trust agreement concluded with the Plaintiff on April 9, 2018, K completed the registration of ownership transfer based on the trust with respect to the said adjoining land.
C. The details of the change in ownership of the adjoining land of this case until K acquires ownership are as shown in the attached Form “the change in ownership of the adjoining land of this case.”
Since the Defendant completed the registration of preservation of ownership, there is no change in ownership until now.
E. The land category of this case was the site at the time when the Defendant completed registration of preservation of ownership, but was changed to the road on August 31, 2007.
F. The instant land, such as the copy of the cadastral map in the attached Form, is enclosed by the adjoining land of this case, along the east, south, and west, and is connected to the road L, 1740.2 square meters (owners: Ulsan Metropolitan City, Ulsan Metropolitan City, and hereinafter “instant road”) of Ulsan Metropolitan City, which is a road prescribed by the Road Act, (hereinafter “Fdong”).
[Ground of Recognition] Facts without dispute, Gap's 1 to 10, and 20 evidence (including branch numbers, hereinafter the same shall apply) respectively.