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(영문) 울산지방법원 2017.07.12 2016가합24679
소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. C’s project implementation 1) Defendant Ulsan Metropolitan City, as part of the urban planning project under the Urban Planning Act around 1985, shall be the project to create the E amusement parks and Fpark, an urban planning facility (hereinafter “instant project”).

(2) On October 18, 1986, upon entering into an agreement with Defendant Ulsan Metropolitan City on the development of the E amusement Park and F Park, C under the supervision of Defendant Ulsan Metropolitan City under the supervision of Defendant Ulsan Metropolitan City to develop an amusement park and park by bearing the total amount of the project cost, but Defendant Ulsan Metropolitan City carries out the business of purchasing land and compensating for the above-ground objects within the project district by receiving monetary compensation from C, and, upon completion of the business, C shall immediately complete the registration of ownership transfer for the relevant land, and if C is unable to carry out the business due to unavoidable reasons, it shall transfer the land to a third party with the approval of Defendant Ulsan Metropolitan City.

3) On November 3, 1986, C had commenced a project after obtaining permission for the implementation of an urban planning project pursuant to Article 24(1) of the former Urban Planning Act on November 1, 1990, with respect to the E amusement park portion among the instant projects from the Ulsan-si mayor (around 225,425 square meters), the business size was 745,256 square meters (around 225,425 square meters); the scheduled date of commencement of the project; and the scheduled date of completion of the project was around November 1, 1986; and on April 1, 1987, the Defendant Hanjin Industries, the first stage performance guarantor of the project (at the time of Hanjin-si Development, at the time of the implementation of the first stage project, at Hanjin-gu Construction Co., Ltd, but was incorporated into

4) During the process of implementing the project in this case, C is intended to raise the insufficient project funds, such as compensation and project cost, to be paid to Defendant Ulsan Metropolitan City.

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