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(영문) 대구지방법원 2018.04.20 2017가합203804
소유권말소등기
Text

1. The Defendant shall have the Daegu District Court on the Plaintiff’s school site of 1190,071 square meters in the Namdong-gu, Gyeongbuk-do.

Reasons

1. Facts of recognition;

A. On March 22, 1999, the land subdivision rearrangement association in the south 2 district (hereinafter “cooperative”) was repealed by Act No. 6252 of Jan. 28, 2000, but the land rearrangement project, which meets the requirements of Article 2 of the Addenda, was approved by the abolition of the land rearrangement project pursuant to Article 16 of the former Land Rearrangement and Rearrangement Project Act (the Act before the abolition of the land rearrangement project, shall apply to the land rearrangement project, as the urban planning was decided in king. The land rearrangement project in the urban planning zone was implemented with authorization to establish the association and authorization to implement the land rearrangement project. The land rearrangement project in the south 2 district (hereinafter “instant project”).

B. During the instant business business area, the area of the instant business was indicated as a middle school site in the business plan of the association, and was designated as a middle school site in the land substitution plan authorized by the association.

However, under the land substitution plan of the association, the previous land was stated as the land substitution recompense area.

C. On December 31, 2010, a cooperative, the defendant corporation, the effective capital company, and the effective capital company entered into a real estate disposal trust contract with the purport that "35,083.1 (including the previous land) out of the entire land allotted by the authorities in recompense for development outlay is entrusted to the defendant, and the defendant will pay the proceeds disposed of by the above land allotted by the authorities in recompense for development outlay to the beneficiary of first priority and the second beneficiary corporation, the beneficiary of second priority."

A union publicly announced a replotting disposition on June 23, 2016, and the Defendant completed the registration of initial ownership on September 21, 2016, as the Daegu District Court No. 25188, which received on September 21, 2016, with respect to the instant land that was granted a parcel number after replotting, namely, the instant land that was granted the number of a lot.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

(a) related;

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