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(영문) 서울고등법원 2017.01.12 2016나2045098
소유권보존등기말소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. D’s Ho Construction and A’s Registration D (Legal Name E) purchased land, etc. located in the F in Ansan-si, and created “B” on the ground, and registered as “A” on November 1, 1998 as “A”’s horse box.

(The inspection registered as above is the plaintiff). A appointed D as the plaintiff's chief knowledge.

B. D’s gift of real estate to the Plaintiff: (a) on November 30, 1998, the Plaintiff donated the land located in the F temple located in Ansan-si, F, the site for the inspection; and (b) each of the real estate listed in attached Tables 2, 3, and 4 (hereinafter “each of the instant land”); and (c) H buildings, the social welfare facilities located in F, 123, respectively, (hereinafter “H”).

C. On April 4, 2003, D entered into an agreement with Defendant (Legal Name I) on the transfer of all the rights of the Plaintiff and H as a creative owner to the Defendant.

Accordingly, D applied to A for the succession of the right to create a foundation to the defendant, and A approved on June 7, 2004, and the defendant succeeded to D's right to create a foundation. D

After the approval of land use against the Defendant A, the Defendant, who was widely appointed as the Plaintiff, obtained the approval of land use from A on August 24, 2004 on each of the instant land under the following conditions:

(hereinafter “instant agreement”). Terms and conditions of approval

1. The consent to land use is limited to the construction of “H” facilities.

2. A building newly built after approval for land use shall be changed in the name of a welfare corporation established after approval therefor has been granted.

3. In the event of a breach of the above conditions of approval, this approval shall be null and void, and the effective period of this approval shall be one year after the date of approval.

After the instant agreement on new construction of a dormitory and a water tank warehouse, the Defendant owned each of the land owned by the J and K located in Ansan-si, Sinsan-si. However, D transferred the ownership of the land to the Defendant through the aforementioned agreement on April 4, 2003.

The land of this case owned by the plaintiff and each of the land of this case.

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