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(영문) 서울서부지방법원 2020.05.08 2019가단219086
소유권이전등기등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The project implementation (1) of the C Co., Ltd. (hereinafter “Ulsan City”) was implemented by Ulsan Metropolitan City (hereinafter “C”) under the Act on the Establishment, etc. of Ulsan Metropolitan City on July 15, 1997, and the Ulsan Metropolitan City succeeded to its business and property in accordance with the said Act; hereinafter “Ulsan City”) as part of the urban planning project around 1985, by attracting private capital in Ulsan-dong-gu D Day, Ulsan Metropolitan City (hereinafter “Ulsan City”) and by designating C Co., Ltd. (hereinafter “C”) as the project implementer.

(2) On October 18, 1986, C entered into an agreement between Ulsan-si and Ulsan-si on “Agreement on the Development of EE amusement Park and F Park” with a view to developing amusement parks and parks by bearing the total project cost under the supervision of Ulsan-si. Ulsan-si entered into an agreement with C to the effect that, upon receiving compensation funds from C, matters concerning the purchase of land and compensation for ground objects within the project district shall be managed, but upon completion of the business, the registration of ownership transfer concerning the relevant land shall be immediately transferred to C, and when C is unable to carry out the business due to unavoidable reasons, it shall be transferred to a third party with the approval of Ulsan-si.

(3) On November 3, 1986, C obtained a permit to implement an urban planning project on the E amusement park portion among the instant projects from Ulsan City, and on April 1, 1987, C, a performance guarantor of C, the Defendant (at the time of the change to H corporation, G corporation, but, at the time of the change to H corporation, merged to the Defendant) as the executor of the civil engineering project for site creation, and commenced the implementation of the project.

(4) However, C, while carrying out the instant project, has recruited private investors after dividing the facility site within the project district into drawings without undergoing an actual survey, and attaching a temporary lot number (hereinafter “prior investors”) under the applicable law for financing. This is between C and C.

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