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(영문) 광주고등법원 2017.10.13 2015나13255
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) On February 20, 2004, the Defendant: (a) on February 20, 2004, 234,753 square meters (hereinafter “instant project site”) in total for KRW 234,753 square meters (hereinafter “instant project site”).

2) On the other hand, the instant golf course with nine holes of golf, including a golf course and a road (hereinafter “instant golf course”).

2) A planned urban planning facility project with the content of setting up the project (hereinafter “instant project”).

2) On October 23, 2006, the Defendant issued a public notice (No. 2004-27 of the Jeonnam-do Notice) as to the Republic of Korea. On October 23, 2006, the Defendant is a sports club, Co., Ltd., Ltd. (hereinafter referred to as “

2) Around December 1, 2006, the business plan was approved on February 12, 2007 with respect to the instant business, and on March 9, 2007, the instant business was commenced on March 2, 2007, with the authorization of the business implementation plan as to the instant business. (ii) Hamna Club was divided into the public property owned by the Defendant, which is the public property owned by the Defendant, 2,687 square meters in the area of 2,687 square meters in the area of Hamdong-gun, Seo-gu, Seo-gun, Seo-gu, Seo-gu, Seo-gu, the Seoul Special Metropolitan City area of 2,687 square meters in the area of 2,687 square meters in the area of the instant business, 8,246 square meters in the area of 55-8,308 square meters in the area of 28,308 square meters in the same area, and 55-8.

Since the same Risan 55-9 Forest land 1,012 square meters, it was combined with 1,102 square meters of forest land in 55-10 square meters in the same Ri.

(2) On August 2, 2007, the Defendant agreed to use the leased land of this case (hereinafter “the leased land of this case”) on the condition of purchase on condition of purchase, and entered into a sales contract with the Defendant on October 12, 2007 with the Defendant on October 12, 2007, wherein the sales price was KRW 308,029,950. The Defendant paid KRW 10,000 as the contract deposit at the time of the conclusion of the above sales contract.

3) However, in the event that the Haba club was unable to continue the instant business due to the aggravation of its management, around December 28, 2009, the public auction procedure was initiated for the portion other than the instant loan land in the instant project site; and around February 24, 2010, the compulsory auction procedure was initiated for the building newly constructed on the ground of the instant project site on February 24, 2010.

2.3.

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