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(영문) 수원지방법원안산지원 2016.06.23 2014가합3297
소유권보존등기말소 등
Text

1. Defendant C:

A. Of the real estate listed in Attachment 1 List 2, it is indicated in Attached 1 List 28, 29, 14, 28.

Reasons

1. Basic Facts D (Legal Name E) purchased land, etc. located in Ansan-si F, and created “B” on the ground.

D On November 198, 1998, around B Co., Ltd. (hereinafter referred to as “A”) registered as a horse physician of G Co., Ltd. (hereinafter referred to as “A”), and A appointed D as the Plaintiff’s chief knowledge.

D on November 30, 1998, the Plaintiff donated each of the F inspection buildings located in Ansan-si, F land located in F, the site for the inspection, and each of the real estate listed in attached Tables 2, 3, and 4 (hereinafter “each of the instant land”) to the Plaintiff, and H, the social welfare facilities located in F, 123, respectively, (hereinafter “H”).

D On April 4, 2003, Defendant C (Legal Name I) transferred the inspection operation management right and the Plaintiff’s status and authority as a creative owner, and thereafter filed an application for succession to the original owner A. On February 19, 2004, A approved the said application.

Accordingly, Defendant C succeeded to the Plaintiff’s original status.

After that, Defendant C, who was appointed as widely known to the Plaintiff, obtained the approval of each of the instant land from A on August 24, 2004 under the following conditions:

(hereinafter “instant agreement”). 【Conditions for Approval】

1. The consent to land use is limited to the construction of “H” facilities.

2. A building newly built after approval for land use shall be changed in the name of a welfare corporation established after approval therefor has been granted.

3. This approval is null and void when the above conditions of approval are violated, and the period of validity of this approval will be one year from the date of approval. After the agreement of this case, the defendant C was owned by the original land JJ and D located in Ansan-si, the principal owner of the land, but D decided to transfer the ownership of the above land to the defendant C on April 4, 2003.

B. On the ground of each of the instant land owned by the Plaintiff, the real estate listed in [Attachment 1] List 1, the incidental facilities of H, and the water tank storage were newly constructed, and on October 19, 2007, the registration of ownership preservation was completed in Defendant C’s name.

The instant building and water tank.

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