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(영문) 서울북부지방법원 2019.08.22 2018가단3493

도로사용승낙서 비용

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 28, 2001, the Plaintiff and the Defendant drafted a letter stating that the Plaintiff and the Defendant agreed to exchange the land of 2367 square meters (hereinafter “E”) and 1132 square meters (hereinafter “F land”) prior to Chuncheon-si, the Plaintiff owned by the Defendant (hereinafter “instant exchange contract”) and the “F land access road is liable to the Defendant” (hereinafter “instant letter”).

B. In accordance with the instant exchange contract, on August 27, 2001, the Plaintiff completed the registration of transfer of E land to the Defendant, and the Defendant completed the registration of transfer of F land to the Plaintiff’s wife G on June 1, 2001.

C. Meanwhile, prior to the instant exchange contract, H(Scheon City I), J(K, L, M), N(O), P(F), QR, which is the land owner adjacent to the Defendant and F’s land, intends to establish an access road of 4 meters wide from each of the above lands (hereinafter “the access road of this case”), to equally bear all the costs for the access road of this case, and written consents that the said owners agree to the use of each of the other owners’ land for the establishment of the access road of this case.

After that, the access road construction of this case was completed, and the access road of this case was installed on F land and on the surface of the adjoining land before the exchange contract of this case, and the registration was completed following subdivisions by S, T, U, V, etc.

E. The Plaintiff tried to construct a new building on the land of F, but did not obtain consent to the use of the access road of this case from the owner of the access road of this case.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 2, 3, 4, 7, 9, 10, 16, Eul's evidence Nos. 2 through 5, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant promised to solve the problem of the access road to the plaintiff at the time of the exchange contract of this case, and prepared the letter of this case, but the access road of this case.