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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The plaintiffs' lawsuit acceptance is based on the plaintiffs' lawsuit acceptance.
Reasons
1. Basic facts
A. The defendant is a business operator who obtained authorization for incorporation on July 31, 1991 pursuant to the former Land Division and Rearrangement Projects Act (repealed by Act No. 6252, Jan. 28, 2000; hereinafter the same) and implements B land readjustment project (hereinafter the "project in this case") in Ulsan District D, Ulsan District D.
B. The above entrustment contract and the payment for completed portion 1) The Defendant is a stock company E on January 23, 1991 (hereinafter “E”).
B) On July 19, 195, E performs all business from the acquisition of the authorization of the instant project to the liquidation, and in return, the Defendant concluded a contract for the entrustment of the B-project with the content that the land allotted by the authorities in recompense for development outlay for development outlay for a certain area among the land allotted by the parties in recompense for development outlay for development outlay for the instant project. According to Article 10 of the above contract, the progress payment shall, in principle, be paid as the land allotted by the authorities in recompense for development recompense for development outlay, but if E requests, the Defendant may sell or transfer the land allotted by himself to the person designated by E. . 2), and thereafter, on July 19, 1995, E cannot implement the said land readjustment and rearrangement project and waivers it, and the price for the land due to the weather shall be settled all as the land allotted by the Defendant
C. The instant disposition of land allotted by the authorities in recompense for development outlay and registration on the register of land allotted by the authorities in recompense for development outlay for development outlay 1,355m2 (hereinafter “land allotted by the authorities in recompense for development recompense prior to subdivision”)
On December 30, 1992, the register of land secured for the recompense of development outlay, the owner of which is the head of the defendant association, was drawn up on the ground of the authorization of land substitution plan (land scheduled for substitution plan) on December 30, 1992.2) On July 8, 1993, A submitted to the association of this case a written request for payment of land secured for the recompense of development outlay, which changed to the extent that E promised to reach 200 square meters of land A and J.
3 E shall take precedence over A, on July 8, 1993, over 200,00 square meters of land allotted by the authorities in recompense for development outlay in order to repay 200,000 won borrowed from A.