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(영문) 대전지방법원서산지원 2019.06.04 2018가단57662
소유권이전등기
Text

1. The Defendants received each of the KRW 484,880,000 from the Plaintiff at the same time

A. The Plaintiff is 1,011 square meters prior to Seosan-si.

Reasons

1. The facts under the recognition may be found, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6, 8, 13, and 24 (including any number; hereinafter the same shall apply) and the whole purport of the arguments as a result of the appraiser E’s appraisal.

The Plaintiff, a corporation established for the purpose of housing sales business, etc., is running a construction project of multi-family housing of the size of 2 to 852 units underground of privately-owned apartment units, 25 units of neighborhood living facilities, 2 units of neighborhood living facilities, and 10 units of auxiliary buildings (hereinafter “instant project”) on the ground of 89 square meters (hereinafter “instant project site”) from Seosan-si, Seosan-si and Seosan-si and 89 square meters of land (hereinafter “F”).

B. The Defendants purchased 1/2 shares of each of the instant land located in the instant project site on February 9, 2006 and completed the registration of ownership transfer on March 2, 2006.

C. On January 19, 2018, pursuant to Article 15(6) of the Housing Act, the Seosan City approved the housing construction project plan with the Plaintiff and F as the project proprietor (hereinafter “instant project approval”), and announced it as the G of Seosan City on the same day.

Of the instant land, the portion of “B” on the ship, which connects each point of 1,2, 3, 4, 5, 6, 7, 8, 9, 1, 70 square meters in sequence, among the instant land, are included in the housing construction site for the instant project, and the remainder of 251 square meters is assigned to a road site, which is an urban planning facility.

E. During the period from January 19, 2018 to April 4, 2018, the Plaintiff and the Defendants were not sexually dead even though the Plaintiff exchanged the instant land with the instant land after the purchase by the Plaintiff, or conducted a trade consultation by exchanging it with the neighboring land of the instant project site, for the purpose of purchasing the instant land.

F. The Plaintiff and F shall be included up to 1,250 square meters of State-owned land of 40,796 square meters, which is currently the area of the instant project site.

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