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(영문) 서울고등법원(춘천) 2016.07.20 2015나2077
소유권이전등기 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

In accordance with the main sentence of Article 420 of the Civil Procedure Act, the part concerning "1. Basic Facts" and "2. Determination on the cause of the claim" among the grounds of the judgment of the first instance which partially accepted the judgment of the first instance.

The defendants' arguments related to the criteria for calculating the settlement money for the defendants' arguments shall apply for parcelling-out to the plaintiff within the period specified in the notice and public notice of the application for parcelling-out in accordance with the second project implementation plan, but did not conclude a contract for parcelling-out with the plaintiff during the period for concluding the contract for parcelling-out. Thus, the defendants shall receive the settlement money calculated according to the market price as of February 27, 2013 as of February 27, 2013.

Judgment

However, as seen earlier, although the Defendants applied for parcelling-out to the Plaintiff during the period of application for parcelling-out in accordance with the second project implementation plan, the fact that the sales contract was not concluded between the Plaintiff and the Plaintiff within the period of conclusion of the sales contract is recognized. However, if the modified project implementation plan actually changes the main parts of the existing project implementation plan and constitutes a new plan, the existing project implementation plan is merely

The legal relationship is formed according to the notification of application for a new parcel out of lots (see, e.g., Supreme Court Decision 2011Du30199, Nov. 28, 2013) and the legal relationship according to the notification of application for a new parcel out of lots is formed. In full view of the overall purport of the pleadings in the statement Nos. 2 and 6, the existing 2 project implementation plan, which was the basis of application for a parcel out of around February 2013, was the floor area ratio of 250.01%, total project cost of 191,851,00,000, total project cost of 1,072, total project cost of 155 households, total number of 59(A), 59(B), 45 households, 58 square meters, 290, 367, 84(B), 84(2), 367, 152, 252, 2542, and 254.2,254.2.

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