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(영문) 의정부지방법원 2020.01.16 2019구합10660
건축허가신청 거부처분 취소 청구의 소
Text

1. All lawsuits filed by plaintiffs B and C shall be dismissed.

2. On November 14, 2018, the Defendant applied for a building permit against Plaintiff A.

Reasons

1. Details of the disposition;

A. On June 17, 2004, the Plaintiff A and his/her spouse D are the land in the instant development restriction zone E in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, 650 square meters (hereinafter “instant land”).

) On the same day, each 1/2 shares were jointly purchased, and the F Co., Ltd. was changed to G on March 25, 2010.

hereinafter referred to as "G"

On February 27, 2008, the trust registration was completed with respect to the instant land. On the instant land on February 27, 2008, the first class neighborhood living facilities (retailing stores) of the sloping structure sloping roof No. 188.25 square meters (hereinafter “instant building”).

(2) After D’s death, D’s 1/2 of the instant land and buildings transferred 2/10 shares and 3/10 shares to Plaintiff B on August 28, 2014 due to inheritance by agreement division. (2) The Plaintiffs entered into a real estate trust agreement (hereinafter “instant trust agreement”) with Plaintiff A and B as to the instant land in order to secure the money borrowed from Plaintiff A and H Co., Ltd. (hereinafter “H”). On February 28, 2014, the Plaintiffs completed the instant trust agreement with each of the instant land and buildings as the first and second priority beneficiaries, and completed the instant trust agreement with each of the instant land on July 16, 2014.

(A) After completing the registration of ownership transfer from G on February 28, 2014, the registration of trust was completed on February 28, 2014, and the registration of trust was completed again in I with respect to the instant land as seen in paragraph (1) above.

(3) On August 14, 2014, in order to secure the Plaintiffs’ inheritance tax obligation, the letter of log tax duties was added to the third priority beneficiary of the instant trust agreement.

(b) the implementation of public works and the expropriation ruling by the Korea Land and Housing Corporation shall be K. K. which is implemented at the Jyang-dong, Seoyang-gu, Yangyang-gu.

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