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1. The plaintiff's lawsuit against the land partition rearrangement association in the defendant Yang Young-gu District shall be dismissed;
2. The Plaintiff’s interest and construction.
Reasons
1. Basic facts
A. On June 8, 1998, the Defendant Yangyang-dong Land Partitioning Association (hereinafter “Defendant Association”) obtained authorization for the establishment of the establishment and the authorization for the implementation of the land readjustment project (hereinafter “instant project”) on the size of 1,121,925 square meters in the north-gu, Chungcheongnam-do, and the Dong-dong, Chungcheongnam-dong.
B. On October 8, 199, the Defendant Union authorized the instant land substitution plan for the instant project on which October 8, 1999, and then stated the land substitution plan for the project of this case as well as the school bridge (the instant land) located in the development recompense area and the school bridge (the land substitution plan is indicated as the “school site,” but it is prior to the repeal by Act No. 6252, Jan. 28, 2000; hereinafter “former Land Readjustment and Rearrangement Project Act”).
) A part of the land was authorized pursuant to the proviso of Article 63, and was registered in the ledger of land allotted by the authorities in recompense for development outlay as the owner of the instant land.
C. The Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Heavy Construction”) disposed of the instant land to the Defendant Heavy Construction Co., Ltd., and registered the instant land as the owner on April 28, 2009 in the register of land allotted by the authorities in recompense for development outlay.
On January 12, 2011, the Defendant Cooperative obtained the authorization for change of the instant land substitution plan from the Mayor of the Posi Port that was delegated with the authority of the Mayor of the Gyeongbuk-do. Accordingly, the number of the instant land was changed to 1212, the area of the instant land to 11,495 square meters.
E. On January 25, 2011, the Defendant Heavy Construction Co., Ltd., registered as the owner of the instant land in the register of land allotted by the authorities in recompense for development outlay at the time of the public announcement, completed the registration of ownership preservation as to the instant land under the receipt of the Daegu District Court Port Branch Decision No. 48924, Jun. 4, 2013, according to the above disposition of replotting.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3-1, 2, 4-9, 10, 6-1, Eul evidence 1-1, 2-2, and the purport of the whole pleadings
2. Of the instant lawsuit, the Defendant Union.