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(영문) 춘천지방법원 2020.08.11 2019구합673
자동차경주장업등록취소의취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 26, 2006, upon the Plaintiff’s application, the Defendant rendered a disposition to designate a development project operator as a development project operator by changing the development project operator from E to Plaintiff from E corporation as a part of the development project.

B. On May 28, 2007, the Plaintiff secured and trusted the instant parking track site and its ground buildings to FF Co., Ltd.

G Co., Ltd. purchased the instant parking track site and ground buildings from the F Co., Ltd on December 27, 2013 in accordance with the trust property procedure, and completed the registration of ownership transfer on March 13, 2014.

C. The Defendant, on November 19, 2015, transferred the ownership of the instant parking track site and ground buildings to another person, and on the ground that it is impossible to continue implementing the said development project, the Defendant was against the Plaintiff.

The designation of the development project operator was revoked.

On May 12, 2017, the Plaintiff appealed and filed a lawsuit seeking the revocation of the revocation disposition with the Chuncheon District Court, and the claim was accepted on May 12, 2017 (Seoul District Court 2016Guhap481). The Defendant appealed and dismissed the judgment of the first instance on October 23, 2017 by the Seoul High Court 2017 and dismissed the Plaintiff’s claim (Seoul High Court 2017Nu539). The above appellate judgment became final and conclusive by the judgment of the Supreme Court on February 28, 2018.

(Supreme Court Decision 2017Du70069). D.

Meanwhile, the Plaintiff filed a lawsuit against G, the Suwon District Court 2016Gahap75599, seeking confirmation of ownership of a ground building on the site of the instant vehicle racing track, but the claim was dismissed on February 14, 2017 and became final and conclusive around that time.

E. The Defendant, on September 5, 2018, did not register the change of the ownership of the instant parking track site and facilities against the Plaintiff, and the developer of the development project.

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