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(영문) 춘천지방법원 2019.08.21 2018가단57410

사용료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C owned 3,760 square meters of land in Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter “the forest before the instant division”).

C on August 10, 2015, sold the forest land before the instant subdivision to the Plaintiff and Nonparty E in total at KRW 170 million. At the time of the said sales contract, C, the Plaintiff, and the Plaintiff agreed to sell the part of KRW 1749 square meters of the forest land before the said subdivision (hereinafter “F forest land”) to Nonparty E by dividing the said part into KRW 7,535,000,000,000 among the forest land before the said subdivision into KRW 7,535,00,000, and the remaining forest land 2,011 square meters of the forest land (the part above is divided into F forest as above; hereinafter “D forest after the division”) was divided into KRW 86,630,00,000.

B. On September 9, 2015, the part (F forest) to be purchased by E in the forest before the instant subdivision was divided into Hongcheon-gun F, Gangwon-do, and C completed the registration of transfer of ownership and the registration of transfer of ownership in the future regarding D forest after the instant subdivision on September 14, 2015.

C. After the division of this case, E requested the Plaintiff to give consent to the designation of a road for land development (new construction of a building) with respect to the portion of 160 square meters (Ga) connected in sequence 1, 2, 3, 4, 5, and 1 of the annexed drawing among the land in D forest in the instant case (hereinafter “the access road part”), and the Plaintiff consented to the use of the above access road part by E and the designation of the above access road part as a road around December 2016.

The Plaintiff purchased the instant F forest land from E on December 22, 2016, and completed the registration of ownership transfer in the name of the Plaintiff on December 28, 2016.

E. The instant F forest land excluded the access road part, and the Plaintiff currently uses the access road part of the instant forest as an access road.

F. On May 4, 2016, the instant D forest was divided into 1,352 square meters of D forest and 1,352 square meters of land and 655 square meters of Gangwon-do Hongcheon-gun G forest and became subject to registration conversion. < Amended by Act No. 15312, May 4,