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(영문) 수원지방법원 2017.08.22 2016구합70803
택지공급대상부적격처분취소
Text

1. On September 29, 2016, the Defendant’s disposition of non-performance of the housing site subject to supply against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 31, 2003, the Plaintiff, a company engaged in housing construction business, etc., completed the registration of transfer of ownership on the ground of sale on August 30, 2002, with respect to the land for stock farms 253-7 square meters (hereinafter “instant land”).

B. As to the instant land, the Plaintiff completed the registration of ownership transfer due to trust in the future, Korea Land Trust Co., Ltd. on December 30, 2009, and completed the registration of ownership transfer due to trust property attribution in the future on July 15, 2010. On the same day ( July 15, 2010), the Plaintiff completed the registration of ownership transfer due to trust property ownership transfer due to trust in the future, Korea Land Trust Co., Ltd. on September 15, 2010. The Plaintiff completed the registration of ownership transfer due to trust property attribution in the future on September 15, 2010. On the same day (hereinafter referred to as the “instant trust agreement”), Hanol Trust Co., Ltd. (hereinafter referred to as “Iol Trust”) again concluded the registration of ownership transfer due to the instant trust agreement (hereinafter referred to as “instant trust agreement”), and on the same day ( September 15, 2010).

C. On December 23, 2005, on May 30, 2008, the approval of the change plan for the designation of the Defendant, the Korea Land and Housing Corporation, etc. as the project implementer was publicly announced on May 30, 2008 (No. 2008-187, the Ministry of Land, Transport and Maritime Affairs announced).

On September 29, 2010, the Defendant entered into a contract by negotiation with a single trust as a trustee with respect to the instant land located within the instant project zone.

E. On March 15, 2012, the Plaintiff is a person eligible for a negotiated contract on supply of a housing site (hereinafter “person eligible for a housing site supply”) under Article 18 of the Housing Site Development Promotion Act and Article 13-2(5)5 of Enforcement Decree of the Housing Site Development Promotion Act to the Defendant.

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