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1. The plaintiff's lawsuit against the defendant D shall be dismissed.
2. The plaintiff's claim against the defendant C is all dismissed.
3...
Reasons
1. Basic facts
A. A Co., Ltd. (hereinafter “A”) is a company with the purpose of leisure industry and development, public golf course business, etc., which was declared bankrupt on July 10, 2012 by the Cheongju District Court 2012Hamhap3, and B was appointed as a trustee in bankruptcy.
B. As to the land of this case Nos. 1 and 2, on January 13, 2009, the registration of ownership transfer was completed in the name of Defendant C, and on the land of this case No. 3, the registration of ownership transfer was completed in the name of Defendant D on March 18, 1986.
C. On May 21, 2015, the land of this case was formed by the Central Land Expropriation Committee by accepting part of the previous land in order to incorporate it into the F Private Investment Project Act, and KRW 12,475,800 was deposited.
On April 11, 2007, Defendant C purchased the instant Claim 3 from Defendant D’s purchase price of KRW 73.7 million.
[Ground of recognition] Facts without dispute, Gap evidence 4, 5, 9 (including provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion A agreed to construct roads on each of the instant land and contribute roads to the Office of Civil Aviation, with the permission for the construction of a golf course business and a new facility. Each of the instant land constitutes farmland and thus A cannot be acquired under its name. As at August 24, 201, the Defendant C, the representative director of which was at the time, entered into an agreement with the Defendant C to acquire the land under its name to act as an agent for donation
Therefore, Defendant C has a duty to transfer the ownership of the land of this case that was already transferred to a person designated by the Plaintiff. As to the land of this case of paragraphs (3) of this case, the Plaintiff sought implementation of the ownership transfer procedure by subrogation of Defendant C, and sought confirmation that the land of this case had the ownership of the land of this case.
B. First of all, on August 24, 2011, Defendant C and Defendant C agreed to acquire each of the instant land and transfer the land ownership to a person designated by Defendant C, and corresponding thereto.