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(영문) 광주지방법원 2015.10.21 2014가단518070
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On December 29, 2005, the Bag-gun Co., Ltd. applied for the approval of a project plan to build apartment houses on the 16th parcel of land (hereinafter “instant housing”) from the head of Sungsung-gun, Sungsung-gun, the head of the Gun, and the head of the Masung-gun, the head of the Gun approved the project plan on March 13, 2006.

B. On March 25, 2008, when the head of Si/Gun revised a business plan to change a business entity from Madna to Madern Construction Co., Ltd., the head of Si/Gun attached a condition for approval of the business (hereinafter “instant subsidiary”), stating, “buffer green areas (legal face pages) shall be purchased before the announcement of the recruitment of residents, and shall be donated to the Defendant” (hereinafter “instant subsidiary”).

C. In the latter, the project undertaker of the said housing construction project was changed to the gold Industry Development Co., Ltd. on April 7, 2009, and on July 2, 2009, Korea Light T&D Co., Ltd (mutual change to the Han L&D Co., Ltd. on June 17, 2009). On June 21, 201, the Plaintiff acquired the said housing construction project site, the entire project approval right, and the part already constructed from Hansung L&D Co., Ltd, and obtained a modified approval of the project plan on September 7, 201, with the content of the project undertaker’s change.

On December 5, 2011, the head of Sungsung Gun revised the housing construction project plan with the following contents to the Plaintiff.

The large-scale location: the building area of 13,306 square meters and 13,302 square meters and 27 square meters and 25 square meters and 25,000 square meters and 25,000 square meters: 2,299.27 square meters and 2,231.70 square meters and 25,100.25 square meters and 24,897.07 square meters and 21 square meters (Reduction).

E. On September 3, 2012, the Plaintiff submitted to the Defendant a written consent for the donation of 2,024 square meters (hereinafter “instant green area”) among the real estate located on the boundary of the instant project site, as indicated in the attached Table, on September 3, 2012. However, the head of Sungsung Gun, on September 4, 2012, issued a written consent for the donation of 2,024 square meters (hereinafter “instant green area”). However, the terms of the existing approval that “buffer area shall be purchased prior to the public announcement of tenant recruitment and shall be donated to the Defendant”

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