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(영문) 수원지방법원 2018.02.06 2017구합66955
토지거래허가처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On March 10, 204, the Intervenor and the Intervenor entered into a sales contract with the Korea Water Resources Corporation for the purchase of F Miscellaneous land 3,809.3 square meters from Silung-si. On April 29, 2004, a contract was entered into between the Korea Water Resources Corporation and the Korea Water Resources Corporation to exclude part of the said land (219.8 square meters) from the sale subject matter of G land by dividing it into G land, and to change the sale subject matter into 3,589 square meters from F miscellaneous land to 3,589 square meters.

B. Accordingly, on May 16, 2005, the Intervenor, D, and E completed the registration of transfer of ownership based on the said sale with respect to each of the 3,809 square meters of F miscellaneous land in Silung-si on May 16, 2009, 1196.5/3809.3 square meters.

(219.8/3809.3 Shares were owned by the Korea Water Resources Corporation.

On August 2, 2005, F miscellaneous land 3,809.3 square meters was divided into 3,589.5 square meters in F miscellaneous land (hereinafter “F land”) and 219.8 square meters in G miscellaneous land. The Intervenor, D and E completed the registration of transfer of shares as to 1/3 of F land on August 23, 2006, based on the partition of co-owned property on August 23, 2006.

On October 11, 2010, the intervenor entered into a sales contract between E and E (hereinafter “first sales contract”) whereby the intervenor would purchase all E’s share out of F land from E from E (hereinafter “first sales contract”).

E. On April 29, 201, F land was divided into F miscellaneous land 1,606.6 square meters, H miscellaneous land 660.9 square meters, C miscellaneous land 661 square meters, and F miscellaneous land 661 square meters, respectively.

F. On June 7, 201, the Intervenor, D, and E entered into a co-owned property partition contract with the content that each share transfer or ownership transfer is to be made in the name of the Intervenor, D, and the instant land under the name of the Intervenor, D, and the instant land, with the share of 125.4/660.9 square meters among the 1,60.9 square meters of the F Miscellaneous land in Si-si, Si-si, and the 661 square meters of the H miscellaneous land, among each land divided as above, on June 15, 2011.

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