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(영문) 부산고등법원 2018.11.01 2018나54920
소유권이전등기
Text

1. Upon the conjunctive claim as modified by this Court, the plaintiffs:

A. Defendant C shall be KRW 1,036,418,400.

Reasons

1. The plaintiffs sought the execution and delivery of the procedure for the registration of ownership transfer of each real estate listed in the separate sheet as the primary and conjunctive claim. The first instance court dismissed the main claim and accepted the conjunctive claim.

Therefore, it is clear that only the defendants filed an appeal. Accordingly, the subject of this Court's trial is limited to the plaintiffs' preliminary claims.

2. Basic facts

A. The status of the parties and the ownership status of each real estate listed in the separate sheet 1) Plaintiffs (hereinafter “Plaintiff A”) (hereinafter “Plaintiff A”) and Plaintiff A and Plaintiff B, “Plaintiff B”

(2) The project of this case (hereinafter referred to as the "project of this case") is to construct apartment houses at the Busan Dong-gu G members.

(2) The Defendants are owners of real estate listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as “each of the instant real estate”) located within the instant business area, and the date of acquisition of the ownership of the real estate and the land, among the real estate owned, are as follows.

The grounds for acquiring the ownership of each real estate owner are as follows: Defendant C on April 6, 1996, each of the real estate in attached Form 2, each of which was acquired by consultation and division on January 6, 1996, each of which was purchased by Defendant D on July 14, 2005.

B. On February 21, 2007, the head of the Dong-gu Busan Metropolitan City determined and publicly announced an urban management plan (Class 1 district unit planning zone) with respect to the area of 41,977 square meters in Busan Dong-gu, where the project area of this case is included pursuant to Article 30 of the former National Land Planning and Utilization Act (amended by Act No. 8564, Jul. 27, 2007). 2) The Plaintiffs filed an application for approval of the housing construction project plan on November 24, 2016, and the head of the Dong-gu, Busan Metropolitan City (hereinafter “instant project plan”). The head of the Dong-gu, Seoul Metropolitan City announced the approval of the housing construction project plan on January 26, 2017, and announced it on February 8, 2017.

3 The Plaintiffs are housing construction project plans around April 2017, according to the increase in housing site area, etc.

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