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(영문) 의정부지방법원고양지원 2015.07.10 2014가합3955
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2007, the Defendant filed an application for permission for construction (the legal fiction of permission for development) with respect to the land of Class II neighborhood living facilities (the religious assembly site) with respect to the aggregate of 675 square meters of the area of 456 square meters and 201 square meters among the area of 2,385 square meters in the name of Goyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, on April 19, 2007.

B. On June 5, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase 392m2 and 2449m2 (hereinafter “instant land”) from the Defendant for the purpose of installing and operating the PG gas charging station and the gas station in Yongsan-gu, Yongsan-gu, Busan-si and the Plaintiff agreed as follows (hereinafter “instant sales contract”).

1) This contract is, in principle, conditional contracts to the land transaction permission, development activities (including change of form and quality) by the buyer’s project implementation (including change of form and quality) and the buyer’s succession to the status and status related to project progress. However, if the buyer changes the terms of the permission obtained from the seller on the part of the seller, the buyer will bear the expenses. 2) The seller will cooperate with the buyer so that the buyer can easily access the vehicle with respect to charging stations and gas stations until completion of the permission.

C. At the time of concluding the instant sales contract, the Plaintiff purchased only the instant land that the Plaintiff would use the road as an access road by using the part of the ditch.

In establishing a site for the storage and treatment facilities of dangerous substances in the instant land at ancientyang-si on August 2007, the Defendant shall have the land of 96 square meters and 104 square meters for the purpose of installing a high-speed lane in accordance with traffic impact assessment in order to install a high-speed lane in accordance with the traffic impact assessment.

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