도로포장철거 및 토지인도청구 등
1. Of the judgment of the court of first instance, the part against the Defendant regarding the claim for removal of the asphalt Road Packing shall be revoked, and that part shall be revoked.
1. Facts of recognition;
A. On November 30, 2009, the Defendant purchased 4,248 square meters prior to Pyeongtaek-si D from E to KRW 783,862,200, and completed the registration of transfer of ownership on December 18, 2009, the registration of Suwon District Court’s Eunpyeong-gu Housing Sitewon and the receipt No. 57646 on December 18, 2009. The Plaintiff is the father of the above E. The Plaintiff is the father of the land. 2) The Defendant, after acquiring the ownership of the above land, designated the land as a road by dividing it into 16 square meters, and changed the remaining 4,232 square meters into the land for factory (hereinafter “instant land for factory”).
3) The Defendant purchased the instant factory site from E to the entrance of the said factory site at KRW 5,00,000 (in addition to the purchase price of the said factory site, and the access road construction is separate from the purchase price of the said factory site, and the Defendant bears the burden) to secure E (hereinafter “instant special agreement”).
B) On February 1, 2010, the Defendant obtained a consent from the Plaintiff to use land to obtain permission for conversion of mountainous districts and permission for development of 228 square meters among 3,328 square meters adjacent to the instant factory site in Pyeongtaek-si C, which is adjacent to the instant factory site.
2) In accordance with the instant special agreement, the Defendant remitted KRW 5,00,000 to E on March 2, 2010, and on March 4, 2010, the Plaintiff prepared a written consent for the use of road land with the following contents. On March 4, 2010, the Plaintiff issued a written consent for the use of road land: The address of KRW 5,00,000 (5,000): The Gyeonggi-do land owner: The land category: the forest land category A: the land owner on March 4, 2010: The land owner on March 4, 2010: the land owner on March 7, 2010: the representative director of the BB, the Defendant (J3) and thereafter, the Defendant connected each of the above land to the land for the purpose of this case (hereinafter referred to as “the instant land”). The land for the purpose of this case is to connect the land for the purpose of this case to 28,000 square meters in sequence.