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(영문) 대전지방법원 2016.08.31 2015구합103578
토지지목변경처분 결정 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on October 24, 2005 for the purpose of housing construction business, housing site preparation business, etc.

B. On June 2, 2006, the Plaintiff obtained approval from the Incheonan City Mayor for a housing site development project (hereinafter “instant housing site development project”) with respect to the land within 19 lots of land A through H 19 lots of land (hereinafter “instant land subject to the project”). On August 1, 2006, the Plaintiff concluded a sales contract with I to purchase the instant land for the project from 880,824,600 won. On September 1, 2006, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s name on the ground of the sales contract on August 1, 2006 with respect to the instant land subject to the project.

C. While the Plaintiff was proceeding with the instant housing site preparation project, the progress of the voluntary auction procedure for the instant land subject to the project was carried out.

J acquired ownership of the instant land on November 5, 2010 after receiving a successful bid for the said land among the land subject to the instant project during the said voluntary auction procedure, and on November 5, 2010, 7, including K, etc. (hereinafter “owner of the instant land”) acquired ownership of the instant land, as follows: (a) around January 2013 and around February 2013, the instant land was awarded a successful bid during the said voluntary auction procedure and acquired ownership of the instant land as follows.

K G G G sale due to voluntary auction held on February 15, 2013 by the owner of the ground for registration of the lot number A, the date of registration of the lot number, A, on February 19, 2013, L BD on January 8, 2013, N on January 8, 2013, N, andO 1/2 shares E on January 22, 2013, QF on February 19, 2013

D. Around December 2014, the owner of the instant land filed an application with the Defendant for the change of the land category of the instant land owned by him/her from the forest to the site. Accordingly, on December 10, 2014, the Defendant changed the land category of the instant land to the forest site from the forest site to the forest site; on December 24, 2014, the land category of the said G land from the forest site to the forest site; on December 29, 2014, the land category of the said G land was changed from the forest site to the forest site.

[Ground of recognition] A.

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