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(영문) 서울고등법원 2020.01.08 2019나2037005
소유권이전등기
Text

1. Revocation of the first instance judgment.

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

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s reconstruction improvement project 1) On January 23, 2008, the Plaintiff changed the size to 32,002.5 square meters ( October 32, 2008, Oct. 32, 2008, and hereinafter “instant project area”).

) The head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Eunpyeong-gu") shall implement the reconstruction improvement project.

(2) On May 28, 2009, the Plaintiff obtained authorization for the establishment of the association from the head of Eunpyeong-gu to obtain authorization for the implementation of the project on May 28, 2009, and publicly announced the application for parcelling-out by setting the period for the application for parcelling-out as of January 13, 2010 (hereinafter “first parcelling-out”); and (2) on July 14, 201, the head of Pyeongtaek-gu has obtained authorization for the implementation of the project in order to increase the number of households instead of reducing the number of households; and on August 4, 2011, publicly announced the application for parcelling-out by setting the period for parcelling-out as of September 5, 201 (hereinafter “second-party parcelling-out”); and (3) on March 7, 2013, the Plaintiff obtained authorization for the implementation of the project to be converted into a small-type household, and publicly announced on March 23, 2013 by extending the period of application for parcelling-out by the head of Bupyeong-gu.

(hereinafter referred to as “third-party sale”). (b)

1) Each real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the business process surrounding the instant real estate

(2) D is the owner who completed the registration of ownership transfer on the instant real estate on June 14, 2002 and agreed to the establishment of the Plaintiff and applied for parcelling-out in response to the first sale and the second sale, but did not apply for parcelling-out within the third sale period.

C. On April 8, 2015, the Plaintiff, one of the Plaintiff’s related lawsuits against D, is listed in attached Table 1 among the instant real estate.

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