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(영문) 울산지방법원 2015.01.08 2014가합6059
소유권이전등기 절차이행
Text

1. The part of the instant lawsuit against the Defendant Ulsan Metropolitan City shall be dismissed.

2. The plaintiff's defendant corporation.

Reasons

1. Basic facts

A. On February 11, 1986, the Defendant Ulsan Metropolitan City: (a) opened a private capital in Ulsan-gu B, Ulsan-gu to undertake a project to create C and D, an urban planning facility, by attracting private capital (hereinafter “instant project”); and (b) selected as a project implementer on February 11, 1986.

B. On October 18, 1986, when concluding the “Convention on the Development of C and D” with Defendant Ulsan Metropolitan City, the owner company agreed to develop amusement parks and parks by bearing the total amount of the project cost by the owner company under the supervision of Defendant Ulsan Metropolitan City. Defendant Ulsan Metropolitan City shall receive compensation from the owner company and perform the business of purchasing land and compensating for the above-ground objects within the project district. Upon completion of the business, the owner company shall immediately complete the registration of ownership transfer with respect to the relevant land, and if the owner company is unable to carry out the business due to unavoidable reasons, the owner company may transfer the relevant land to a third party with the approval of Defendant Ulsan Metropolitan City.

C. In the process of implementing the instant project, the owner company planned to sell the site in the project district in advance prior to the completion of the project by means of a method to raise funds for the insufficient project funds, such as compensation and construction cost for the project to be paid to Defendant Ulsan Metropolitan City, and concluded a contract for sale in which the ownership of the specific object is transferred after the completion of the project by specifying the land subject to a temporary lot number among them by setting a temporary lot number only on the drawing without undergoing an actual measurement, etc.

On the other hand, the defendant Ulsan Metropolitan City has completed the registration of ownership transfer between September 1987 and October 198, 44,238 of the project site, the compensation for which has been completed between September 1987 and October 198, and the person subject to the sale of ownership transfer after completion of the project.

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