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(영문) 수원지방법원 2017.08.23 2016가단550826

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 20, 1985, the Plaintiff and D were merged with K land on December 4, 2002, which is surrounded by the forest land, which is surrounded by the forest land, F in the land lot number F (hereinafter referred to as “Sesung G Dong” at the time of entering the land lot number;

I Land was merged with H land on July 5, 200.

(2) On April 15, 1994, in order to secure a road necessary to construct a leisure building on the Plaintiff’s land, the Plaintiff entered into a contract with Defendant B (hereinafter “instant contract”) with the agent of the Plaintiff, with the following content to build a residential building on the Plaintiff’s land.

1. F Forest land is the deletion line indicated in the contract, where the registration is transferred according to the boundary indicated in the cadastral map by dividing the current part of the site located on the upper part of the opening boundary (hereinafter referred to as “land”), and the road boundary of four meters on the left-hand side of the F-based land (hereinafter referred to as “land”), the payment is paid in accordance with the horizontal conversion, and the deletion line is the deletion line indicated in the contract without the transfer of registration.

(hereinafter the same shall apply)

Notarial act shall be performed that a written consent for use is issued and used as a road (a certificate of seal imprint).

The buyer (the plaintiff and D are referred to as the plaintiff in the contract of this case; hereinafter the same shall apply) shall pack the road, install the retaining wall, and use the retaining wall to prevent damage from the following arguments.

After the vehicle, this land shall be used only for a road at the time of sale to a third party.

2. Some of the road sites within J land (hereinafter referred to as “BD”) shall be donated in installments (see, e.g., intellectual property) by dividing them into < Amended by Act No. 11883, Mar. 21, 2011>

The procedures for donation shall be conducted on the part of the seller (referring to E in the contract of this case).

Provided, That when an administrative agency refuses to accept donation, it shall substitute it with a written consent to use and a road marked at the time of sale to a third party shall not be sold or sold.

The compensation for this road will be made as a policy project due to the climate change.