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(영문) 울산지방법원 2014.04.25 2013가단1661
소유권이전등기말소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 28, 1999, the Plaintiff acquired a 8,170 square meters of Ulsan C forest.

On April 12, 2000, the above land was subject to registration conversion into 8,407 square meters of forest land in Ulsan Metropolitan City.

B. On April 12, 200, the Plaintiff divided the said D land into D forest land 7,831 square meters and B forest land 576 square meters (hereinafter “instant land”) and completed the registration of ownership transfer for the instant land by means of donation donation under the receipt of No. 36301 on May 23, 2000 by the Ulsan District Court No. 36301.

(hereinafter the above donation is the donation of this case and the registration of ownership transfer is the registration of ownership transfer of this case).

After July 14, 2000, the category of D and this case's land was changed into land for factory and road.

around that time, the Plaintiff opened a road on the instant land, constructed a factory building, etc. on the ground of D land after the said partition, and constructed a factory site. The said road was used as an access road to the said factory site.

E. After the said subdivision, D land was divided into 4,480 square meters of the above D factory site on November 25, 2009, 2,970 square meters of the above E factory site, and 381 square meters of the above F factory site, and the above E land was subject to expropriation procedures. The instant land was classified into a factory site on December 10, 2012.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, the purport of the whole pleadings

2. Claim for ownership transfer registration made by the cancellation of ownership transfer registration or by the restoration of authentic title;

A. The Plaintiff’s assertion (1) The Plaintiff asserted the invalidity of the donation, and the Plaintiff applied for the approval of the business plan for the establishment of a small and medium enterprise on the above C land.

An act such as approval of a small and medium enterprise establishment project plan, permission to construct a factory, permission to change the form and quality of land is binding or binding discretion.

However, the defendant establishes a road on the land of this case where there is no volume determined and publicly announced as a national highway 31 site due to urban planning and gratuitously reverts to the defendant.

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