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(영문) 수원고등법원 2020.04.22 2019누12100
개발행위허가 및 건축허가 처분취소
Text

1.The Court shall include the primary, additional and conjunctive claims that are changed alternatively in this Court.

Reasons

1. Details of the disposition;

A. The Plaintiff’s land ownership relationship 1) On October 18, 1988, the Plaintiff specified the land only with the parcel number of 2906 square meters in Yangyang-gun, Yangyang-gun, the Gyeonggi-gun, 1988.

(2) On January 12, 2005, the Plaintiff entered into a contract with M to divide the said land into E and exchange with N field 397 square meters owned by M. The Plaintiff entered into a contract with M on January 18, 2005 and completed the registration of ownership transfer on October 21, 198. On the same day, the Plaintiff completed the registration of ownership transfer in M as to the said N-land.

3) On May 1, 2006, the Plaintiff completed the registration of ownership transfer in P on the grounds of sale on April 18, 2006 with respect to 50/2509 square meters among E- 2509 square meters after May 1, 2006 (i.e., 2906 square meters-397 square meters). On May 19, 2006, Qle 50 square meters was divided from the above land, and E-Y 2459 square meters after May 23, 2015 (250 square meters) was registered as co-owned by the Plaintiff solely, and Q Q 250 square meters was divided into 250 square meters after the change of land classification into G 250 square meters (i.e., b., f., 106 square meters, and 251 square meters before the said land was divided into 2551 square meters after the merger into 256/165 square meters after the first divided into 26546.7 square meters.

After November 15, 2006, the area of 120 square meters before R was divided from G land, and C completed the registration of ownership transfer on divided R land on February 28, 2007.

2) Meanwhile, on February 27, 2007, K completed the registration of ownership transfer for the portion of 1784 square meters (i.e., 1904 square meters-120 square meters) prior to the above G G on February 27, 2007, and C completed the registration of ownership transfer for the remainder of 1784 square meters, and H is transferred from G land on January 12, 2009.

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