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(영문) 수원지방법원 2021.01.28 2019구합73681
과징금부과처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 2, 2003, the Plaintiff, B, C, network D, E, F, G, H, and I (hereinafter “Plaintiff et al.”) purchased 7,88 square meters out of 2,825 square meters of K forest land (hereinafter “K land”) and 10,257 square meters of L B, C, network D, and E (hereinafter “each of the instant lands”) in the name of B, C, network D, and E (hereinafter “Plaintiff et al.”) (hereinafter “instant agreement”). Around December 2, 2003, the Plaintiff and D purchased 7,88 square meters of land (hereinafter “L land”).

According to the instant agreement, the Plaintiff’s share is 324 square meters out of 3,240 square meters (10,713 square meters) of each of the instant land.

B. Pursuant to the agreement of this case on December 15, 2003, the registration of transfer of ownership (hereinafter “registration of this case”) was completed in the name of the network D, E (1/2 shares), L land B (4,820/10,257 shares, and J-owned shares that were not sold on January 17, 2004, changed to 4,820/7,888 shares; hereinafter each co-owner’s share indication is limited to shares after the above division), C (1,97/7,88 shares), network D (1,071/7,88 shares), and each ownership transfer registration (hereinafter “registration of this case”).

Meanwhile, on November 11, 2005, the network D shares on each land of this case were transferred to M in the name of M due to inheritance by division of consultation.

(c)

Each of the instant lands was subject to the public notice of the detailed contents of the land to be expropriated or used in the O urban development project (hereinafter “public notice of the instant land item”) by the Gyeonggi-do public notice on April 10, 2014, pursuant to the “O urban development project (the approval of the development plan was obtained on March 28, 2012, and the approval of the amendment of the development plan was obtained on April 9, 2013).

“Incorporation was incorporated”.

P Co., Ltd. (hereinafter referred to as “project implementer of this case”), which is an implementer of the relevant urban development project, shall acquire C shares among L on October 14, 2015 through consultation for a public site and register transfer of ownership on November 17, 2015; on October 22, 2015, the acquisition of B shares among L out of land through consultation for a public site on November 19, 2015; and the registration of transfer of ownership on October 28, 2015; and on October 28, 2015, the E shares out of K acquired through consultation for a public site.

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