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(영문) 대구고등법원 2017.04.12 2016나23343
소유권보존등기말소
Text

1. Revocation of a judgment of the first instance;

2. Of the instant lawsuit, regarding the Plaintiff’s land partition rearrangement association in the Yangyang District.

Reasons

1. Basic facts

A. On June 8, 1998, the Defendant Gyeyang-gu Land Partitioning Association (hereinafter “Defendant Association”) obtained authorization for the establishment of the establishment and the authorization for the implementation of a land readjustment project (hereinafter “instant project”) with regard to the size of 1,121,925 square meters in North-gu, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, and Mapo-dong (hereinafter “instant project”).

B. On October 8, 199, the Defendant Union was authorized to implement a land substitution plan for the instant project on which October 8, 1999, and the land substitution plan for the instant project was approved, and was 11,500 square meters (hereinafter “previous land”). The land substitution plan for the development recompense land and school intersection (the land substitution plan shall be 167-2 square meters (the land substitution plan shall be 11,500 square meters) located in the North-dong, Yongdong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Ydong-dong, North-dong, Dong-dong, North-dong, Dong-dong, North-dong, North-dong, Dong-dong, and the first port shall be 167-2,50 square meters

In accordance with the proviso of Article 63, part of the “school intersection” was authorized and registered in the register of land allotted by the authorities in recompense for development outlay as the owner of the previous land.

C. The Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Heavy Construction”) sold the previous land to the Defendant Heavy Construction Co., Ltd., and entered the land in the register of land recompense for development outlay on April 28, 2009 as the owner of interesting construction among the Defendant.

On January 12, 2011, the Defendant Union obtained authorization for changes in the land substitution plan for the instant project. Accordingly, the number of the previous land is “1212, Chungcheongnam-dong, Northern-dong, 1292,” and the size is “11,495 square meters,” and “the instant land.”

(E) The Defendant Heavy Construction Co., Ltd. publicly announced a replotting disposition on January 25, 201, and was registered as the owner of the instant land at the time of the public announcement as at the time of the public announcement, on June 4, 2013, as at the Daegu District Court Branch Branch Office (Seoul District Court Branch Branch Office) No. 48924, Jun. 4, 2013, the registration of ownership preservation was completed in relation to the instant land in accordance with the above replotting disposition. [In the absence of any dispute over the grounds for recognition, the evidence No. 1, No. 3-1, No. 3-2, No. 9, No. 4-9, No. 10, No. 6-1, No. 10, No. 5

2. The plaintiff's association against the defendant.

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