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(영문) 춘천지방법원 원주지원 2017.02.16 2016가합5708

토지사용권 확인 등

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1. The Defendants order each point of which is indicated in the Appendix 1 Map No. 8, 9, 10, 11, and 8 among the land size 6,182 square meters in Kuju-si.

Reasons

Facts of recognition

On March 27, 2015, the Plaintiff purchased 314 square meters and 1,785 square meters in total (hereinafter collectively referred to as “Plaintiff-purchase land”) prior to Won-si. The Defendants jointly share 6,182 square meters in Korea, adjacent to the land purchased by the Plaintiff (hereinafter referred to as “Defendant-owned land”).

Plaintiff

If it is intended to access a land to a public road because it has not contributed to a public road, it shall pass through another land.

The Plaintiff planned and promoted the construction of roads up to the Plaintiff’s purchase through the use of part of H land, 150 square meters prior to H, 253 square meters prior to H, and 253 square meters prior to Iju-si owned by the Republic of Korea (hereinafter “H land”), J-J-3,134 square meters prior to K, 268 square meters prior to K, 142 square meters prior to L, M forest, 168 square meters, respectively (hereinafter “J land”), K-K land, L land, and M land, respectively.

The location of each of the above lands shall be as shown in the attached Form 2.

C and one other (the defendant is referred to as the plaintiff) and A (the plaintiff is referred to as the plaintiff) shall cooperate with the road use consent in the development activities of the following land:

1) On May 18, 2015, the Plaintiff and the Defendants prepared a written agreement (Evidence A No. 4; hereinafter “instant agreement”) with the following content as follows, on the date of Won-si, Seoul Special Metropolitan City, F, G, N, andO 3) Won-si, Seoul Special Metropolitan City:

On June 2015, the Plaintiff prepared and delivered a written statement to the Defendants that “The time of purchase of H land (the time of sale and development) and the ownership of approximately KRW 29 square meters among H land under the joint name of the Plaintiff and Defendant B is transferred, the Plaintiff purchased H land and promised to incorporate the remainder other than the part to be incorporated into the road into the Defendants’ land.”

The Plaintiff, around July 2015, planned to open an access route to the “H land”, “I land”, “J land”, “K land”, “L land”, and “M land.”