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(영문) 서울북부지방법원 2017.10.26 2016가합26468
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The former Local Autonomy Act (Act No. 4004) was enforced on May 1, 198 due to the full amendment on April 6, 198. The plaintiff is an autonomous Gu newly established on January 1, 1988 pursuant to the regulations on the change in the jurisdiction of 13 old-gu and 13 old-gu Seoul Metropolitan Government (Presidential Decree No. 12367, Dec. 31, 1987). Article 5(1) of the former Local Autonomy Act provides that "if there is a change in the jurisdiction or establishment of a local government, the new local government which has jurisdiction over the region shall succeed to its affairs and property," and Article 5(2) provides that "if it is difficult to distinguish the affairs and property of the local government by the region in case of paragraph (1), the Minister of Home Affairs shall designate the Si/Gun/autonomous Gu with the approval of the Minister of Home Affairs in case of the Si/Gun/autonomous Gu, and the Special Metropolitan City Mayor/Do governor shall designate the limits of its affairs and property."

B. Each real estate listed in the separate sheet (hereinafter in the separate sheet No. 1) has been used as the administrative property owned by the Defendant from 1961 to 2, 1989 as the construction material business office, including the real estate in the separate sheet No. 1, 2, and 3, the real estate in the separate sheet No. 1, 2, and 3, together with the “instant land No. 2”).

C. On June 26, 1989 and September 12, 1989, the Defendant planned to utilize the existing site for a park site, permanent rental apartment building site, Gu community center, Dong office, registry office, etc. as a site for a park site, permanent construction materials site, permanent rental apartment building site, Gu community center, Dong office, etc., and transfer the said site to the Plaintiff.

The list of transferred property (land) in accordance with the “Modification of the Plan for Utilization of Land Site for Construction Materials,” was included in the list of transferred property (land) in accordance with the “Modification of the Plan for Use of Land for Construction Materials,” which includes 378-2 large 11,66.3 square meters and 378-5 large 1,873 square meters and 378-3 square meters and 378-2 large 378-3 square meters and 1166.3 square meters, which will be the land of this case, in the future.

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