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(영문) 의정부지방법원고양지원 2017.12.22 2016가합72337
기부채납 의무 존재 확인의 소
Text

1. The Defendants jointly share the Plaintiff with a total floor area of 75,194 square meters on the ground of 6,455.5 square meters in Yongsan-gu, Seoyang-gu, Incheon Metropolitan City.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter referred to as “A”) is a company that newly constructs and sells the instant apartment on the ground of 66,137 square meters of the main building (five apartment buildings, one commercial facility, one unit), eight auxiliary buildings, 1,934 households of total project cost, 1,616,020,917,00 won, and one F main apartment (hereinafter referred to as “the instant apartment”) with the approval of the housing construction project plan that newly constructs and sells the instant apartment (hereinafter referred to as “the instant apartment”), and the Plaintiff is a company that newly constructs and sells the instant apartment on the ground of 6,137 square meters of the Yongsan-gu Seoul Metropolitan City (hereinafter referred to as “the instant site”), and the Plaintiff (hereinafter referred to as “Plaintiff”) is a joint project operator with the first project operator with respect to the Plaintiff (hereinafter referred to as “C131”) and the first project operator with respect to the instant apartment.

B. On August 11, 1993, the instant site was designated as H facilities by the Construction Division G as of August 11, 1993. However, when the instant site was created at the time of Goyang-si, the Korea Land and Housing Corporation, the owner of which was the Korea Land and Housing Corporation, was physically divided into J Co., Ltd. (Defendant A, etc. on December 26, 2006) through open tendering around December 1998, and without distinguishing between the two and the two.

(2) Defendant A filed an application to amend an urban management plan to the Plaintiff several times from 1999 to build a main apartment in the instant site, but the Plaintiff rejected the application.

3 The plaintiff around June 2006 includes the change of the use, etc. to residential land from commercial land of this case to the Gyeonggi-do Governor.

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