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(영문) 의정부지방법원 2018.10.12 2017가단26935

토지사용승낙의무이행의소

Text

1. The Plaintiff:

A. As to the share of 94/183 square meters among forest E 183 square meters in Gyeonggi-gu, Gyeonggi-do, Defendant C:

(b)F.F. of Gyeonggi-gu;

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendant C, and Defendant D shared 188/3605, 2497/3605, and 920/3605, respectively, of forest land E-Gun in Gyeonggi-do (hereinafter “instant forest land 1”) and 229 square meters in F forest land (hereinafter “instant forest land 2”).

1. A. (1) The instant forest land is owned by Defendant C94/183, and Plaintiff C 89/183; and (2) among the instant forest land No. 2, the part 60 square meters indicated in the separate sheet is divided and owned by Defendant D 15/60, Defendant C40/60, and Plaintiff 5/60. Of the instant forest land No. 3, the remainder 169 square meters, excluding the part 60 square meters indicated in the separate sheet among the instant forest land No. 2, shall be jointly owned by Defendant D40/169, Defendant C129/169.

B. As to the forest land of this case No. 1, Defendant D, Defendant C, and the Plaintiff shall issue and deliver both a written consent for land use with respect to the land of this case, among the forest land of this case No. 2, the part 60 square meters indicated in the separate drawing among the forest land of this case, and with respect to the remaining 169 square meters, excluding the part 60 square meters in the separate drawing indication among the forest land of this case

(hereinafter referred to as "not more than 50

B. As to the instant land Nos. 1 and 2, the principal lawsuit against the Plaintiff and Defendant C, and the decision in lieu of conciliation as follows (hereinafter “instant decision”) became final and conclusive on September 13, 2017, by filing a counterclaim against the Defendant C, respectively.

[This Court Decision 2016Na9774, 2016Na9781 (Counterclaim)]

2. Determination

A. According to the above facts of recognition, barring any special circumstance, Defendant C is obligated to express his/her intent to consent to land use with respect to the portion of 94/183 of the instant forest land among the instant forest land No. 1; Defendant C is obligated to express his/her intent to consent to land use with respect to the portion of 60 square meters in the 1st place of each of the instant forest land’s separate drawings; and Defendant D is obligated to express his/her intent to consent to land

B. As to this, Defendant D, first, part of the forest land of this case No. 2.