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(영문) 대구지방법원 2015.07.16 2015가합202050
소유권이전등기
Text

1. The plaintiff's defendant A, the private sector farming association, the Daegu-Gyeongyang Livestock Industry Cooperatives, and the Nonghyup Bank.

Reasons

1. Facts of recognition;

A. In around 208, the Defendant Sung-il Agricultural Partnership, mobilized farming associations, and Daejeon Agricultural Partnership (hereinafter “Defendant Agricultural Partnership”) filed an application for permission to engage in the development of a factory site with a view to building a factory that operates the processing and disposal of cattle on the 11st parcel of land outside Yong-si, Yongcheon-si, the Mayor of Yeongdeungpo-gu, Seoul Special Metropolitan City. On March 17, 2008, the Plaintiff issued a disposition of permission to engage in development activities on the condition that 5,173 square meters out of the total permitted area 9,950 square meters should be constructed as a factory site and the remaining 4,777 square meters should be donated to the Plaintiff after constructing a road

B. On December 1, 2008, the Defendant farming association prepared a certificate of 7154 on December 16, 2008, No. 7154 on the 4,777 square meters of a road, which was promised to contribute to the Plaintiff, upon completing development activities on the 5,173 square meters of a factory site permitted by the Plaintiff and applying for completion of construction, by a notary public, who performed the donation until January 20, 2009, and that the Plaintiff consented to the donation (hereinafter “instant donation agreement”).

C. According to the donation acceptance agreement of this case, the defendant Sung Il-il farming association agreed to contribute 62/1,127 shares among the land of this case and the two land of this case, the defendant mobilization farming association agreed to contribute 465/1,127 shares among the two land of this case, 793/1,376 shares among the three land of this case and the four land of this case, and the defendant Daejeon farming association agreed to contribute 583/1,376 shares among the four land of this case, and 55/1,376 shares among the four land of this case to the plaintiff.

The Plaintiff approved the completion of the above development activities on December 12, 2008 to the Defendant farming association corporation, but the Defendant farming association failed to perform its duty of donation on each of the above land until January 20, 2009, and thus was urged by the Plaintiff to perform its duty of donation six times from March 16, 2009 to February 10, 2012, the Plaintiff did not perform such duty until the date of the closing of argument.

(e) the defendant.

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