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(영문) 수원지방법원 2018.06.08 2016가단524131

소유권이전등기

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1. Of the land size of 128 square meters for C forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the respective points indicated in the annexed drawing No. 11, 6, 7, 8, 9, 10, and 11 are successively indicated.

Reasons

1. Facts of recognition;

A. On July 26, 2010, the Plaintiff purchased a forest E, 2,645 square meters from the Defendant, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and as a result, there were problems regarding access roads with respect to the forest land, the Plaintiff filed a lawsuit against the Defendant for the claim of the purchase price return against the Suwon District Court 2013Kadan59452, and the agreement between the Plaintiff and the Defendant was concluded on July 17, 2013 as follows.

(1) At the time of receiving KRW 1.5 million from the Plaintiff, the Defendant opened and provided the Defendant with a non- packing road of 6 meters wide from the part on the ship connected in sequence 1.6, 7, 8, 9, 10, and 11 on the ship (However, as a result of this court’s verification and appraisal to specify the above part on the ship, the aforementioned part on the ship should be 1,6, 7, 8, 9, 10, and 11 on the part on the ship (d) size 91m2 and 16, 21m2, 21m2, 16, 21m2, 21m2 and 15m2, and the part on the ship connected in sequence to each of the items on the ship (the part on the ship should be 1.6m2, 23, 45, 141m2, 15m2, 15).

③ The Plaintiff waives the remainder of the claim.

B. The Plaintiff paid KRW 1.5 million to the Defendant, but the Defendant did not perform its duty under the instant conciliation.

C. Meanwhile, F forest land of 424 square meters and G forest land of 1,054 square meters in Chungcheongnam-gun, Chungcheongnam-do was combined with D forest land of 16,221 square meters on February 25, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, under the conciliation of this case, the plaintiff has the right to use the land of this case for the construction of the road to the plaintiff, unless there are special circumstances.

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