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(영문) 대전지방법원 2018.05.04 2017구합103589
사업계획변경승인 처분 무효 확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On November 7, 1997, Song Construction Co., Ltd. obtained the approval of the project plan for the housing construction project with a total of 9,265 square meters of land size A and 15,000 square meters (hereinafter “instant real estate”) on the ground from the Defendant on the land area of 15,000 square meters (hereinafter “instant real estate”) and processed the said construction project while carrying out the construction project (hereinafter “new construction project”).

On August 2, 199, the Plaintiff was awarded a successful bid in the auction procedure for the instant real estate, and completed the registration of ownership transfer on December 10, 199, and obtained a modified approval for the housing construction project plan from the Defendant on December 26, 199, changing the name of the project proprietor of the instant new construction project from the Defendant to the Plaintiff.

When the Plaintiff was in bankruptcy on December 2, 200 when the new construction was in progress, on June 5, 2000, concluded an agreement on the transfer of business rights of the new construction project (hereinafter “instant agreement”) with Korea Integrated Construction Corporation (hereinafter “Korea Comprehensive Construction Corporation”) and Korea Comprehensive Construction Corporation (hereinafter “Korea Comprehensive Construction”), etc., stating that “the Plaintiff shall transfer business rights to the new construction project to Korea Comprehensive Construction Corporation, and Korea Comprehensive Construction Corporation shall allocate 50% of its profits to the Plaintiff upon completion of the new construction project.”

After that, on December 26, 2001, Han-man General Construction has obtained a modified approval for the housing construction project plan that changes the name of the project proprietor of the new construction project in the name of the project proprietor, and completed the registration of ownership transfer on January 17, 2002 in the name of Han-man General Construction.

On August 27, 2003, the ordinary border Co., Ltd. (formerly: ENN General Construction Co., Ltd.; hereinafter referred to as "ordinary border") decided to be transferred with all the business rights of the new construction project of this case, and completed the registration of ownership transfer with respect to the real estate in the name of the ordinary border.

However, the Superior does not implement the procedure for changing the name of the owner of the new construction of this case to the Superior.

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