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(영문) 서울고등법원 2017.07.26 2016나2055590

기타

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs who ordered performance under the following two paragraphs shall be revoked.

2. The defendant is Goyang-si.

Reasons

1. Basic facts

A. On February 26, 2015, the Plaintiffs entered into a sales contract with the J to purchase each one-half of the shares of G, which is one-half of the 357 square meters of the Seoyang-gu E site in Gyeyang-gu, Gyeyang-gu (hereinafter “instant land”).

B. (i) The agreement between the Plaintiffs and the Defendant on the consent to land use (hereinafter “instant land”) is a blind land that does not adjoin their meritorious services. The instant land adjoins to the Defendant’s contribution that is located on the north-west of the instant land, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “instant land 2”) and 10 square meters of F road (hereinafter “instant land 3”).

Before concluding a sales contract on the land of this case on February 26, 2015, the Plaintiffs entered into an agreement with the Defendant for land use approval (hereinafter “instant agreement”) with the Defendant on February 26, 2015, to use part of the instant land No. 2 and 3 as a road necessary for the passage of the instant land No. 1, located between the instant land No. 1 and the Defendant’s contribution. The content of the agreement prepared at the time is as follows.

The indication of a site for a written agreement: The user of the defendant's land: the area and shape of the land of the plaintiffs shall be attached to the attached Form.

The written consent to land use shall be concluded for the use of E's building, permission and access roads, and all taxes and public charges incidental thereto shall be borne by the user.

gold death (40,000,000) shall be paid to the land consenter.

Provided, That where the approval or permission is not obtained, the full amount of the contract shall be returned.

A land user shall relocate the relocation of a utility pole, waterworks works, and the relocation of a septic tank to the construction period after consultation with the consent.

The period of use shall be valid until the building on the ground is maintained. If the land consenter sells the land, the land shall also be sold.