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(영문) 수원지방법원 2018.10.04 2018나67893
무상기부채납에의한 소유권이전등기말소
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. On March 24, 2011, in order to construct a Class I neighborhood living facility (retail store) in Gwangju-si HH Forest and 317 square meters (hereinafter “1 land”), which is one’s own possession, the non-party F filed an application with the Mayor of Gwangju-si for permission for development activities and a building permit to change the form and quality of land, and (1) a business plan stating that a city planning road connected to the front status will be established for the promotion and access of a building; and (2) a business plan stating that “90 square meters of land incorporated into an urban planning road” is to be divided into a road site and contribute to the Defendant at the same time as the land category is changed.

(2) On April 4, 2011, the Gwangju City issued a building permit (hereinafter “instant building permit”) to add performance terms and conditions that “the site of a road incorporated into an urban planning road shall be reverted to the Defendant without compensation after the packaging of the road” (hereinafter “instant subsidiary provisions”).

(3) On May 201, the Plaintiff entered into a contract with F to purchase land Nos. 1 and 2. On May 19, 201, the Plaintiff changed the name of the owner of the instant construction permit from F to the Plaintiff, and completed the registration of ownership transfer on May 25, 201.

(4) On August 25, 2011, the Plaintiff divided 90 square meters of land incorporated into an urban planning road into E forest on August 25, 201 (land category was not changed; hereinafter “instant land”); and on February 14, 2012, the Plaintiff completed the registration of ownership transfer for reasons of donation on the same day in the future of the Defendant.

(5) On February 22, 2012, the Plaintiff obtained approval for use from the Gwangju City Mayor for Class 1 neighborhood living facilities newly built on land No. 1.

(6) The Gwangju City Mayor shall make a public announcement of January 15, 2015 as I, Gwangju City.

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