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(영문) 수원지방법원성남지원 2017.07.14 2016가단205273

손해배상(기)

Text

1. The Defendants jointly share KRW 95,000,000 to the Plaintiffs, as well as the period from March 6, 2016 to July 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiffs are each owners of the F, G, H, I, and J of the Gyeonggi-do Yangyang-gun.

The Defendants shared K, L, M, N,O, P, Q, and R adjacent to the Plaintiffs’ real estate, and sold it to S on August 25, 2014.

S has completed the registration of ownership transfer on October 20, 2014.

B. On May 2013, the Defendants filed an application for permission to occupy and use T national highways (U, V, W, X,Y, Z, AA, AB, and hereinafter “instant roads”) to use major establishments, neighborhood living facilities, and housing site entry into the Seoul Regional Land Management Office.

Before granting permission, the Seoul Regional Land Management Office requested consultation with the Plaintiffs, who are neighboring land owners, and the Defendants agreed on June 21, 2013 with the attendance of AC representative director AD, AE Survey and Design Office Director AF, AG Survey and Design Office Director AH as follows (hereinafter “instant agreement”).

1. The Plaintiffs recognize the Defendants’ filing of an application for permission to occupy and use a road to build an access road connected to the land owned by the Defendants.

2. After obtaining permission from the Defendants for the connection of roads, etc. for the creation of the above access roads in relation to paragraph (1), the Defendants jointly agreed to the access roads connected to the land owned by the Plaintiffs adjacent to the above Defendants’ land.

3. After obtaining permission from the Defendants for the connection of roads, etc. for the creation of the above access roads from the lessee under the preceding paragraph (1), the Defendants also agree to jointly use the access roads connected to the said Defendants’ land.

4. The Defendants subsequently submit relevant documents without any condition regarding the requirements necessary for the application for authorization and permission for all the rental of the land owned by the Plaintiffs, such as the Seoul Regional Land Management Office and Yangyang-gun Office, in connection with the construction and entry into the land owned by the Plaintiffs.