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(영문) 의정부지방법원 2018.12.19 2018가단122083

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, prior to the division, was the owner of B miscellaneous land B 3,445 square meters, C miscellaneous land 1,186 square meters, and the purchaser of D miscellaneous land 272 square meters.

B. The owners of the Plaintiff and the neighboring land (E, F, G, H, and I) (hereinafter “Plaintiff, etc.”) were using part of the right-hand side of each of the above land as an access road while operating the camping site, etc. from each land owned by the Plaintiff, etc.

C. The plaintiff et al. filed an application for the change of the road package and land category of the access road to the defendant as his agent, but the defendant did not accept it.

On the other hand, the defendant operated the drainage pumps on the right side of the above access road, but there was a need to newly secure the access roads for the above drainage pumps due to the implementation of the Kroad expansion works.

E. Accordingly, the Defendant sent the Plaintiff, etc., through J, its intent to “in the event that the Plaintiff, etc. donated the land used as an access road, to conduct land category change and road packaging,” and the Plaintiff, etc. accepted it.

F. As a result, the Plaintiff: (a) donated 270 square meters among B miscellaneous land B at Guri-ri-si, B 3,445 square meters (hereinafter “the first donated land”); (b) 87 square meters among 1,186 square meters in C miscellaneous land (hereinafter “the second donated land”); and (c) 272 square meters in D miscellaneous land (hereinafter “the third donated land”); and (d) on November 6, 2006, the first donated land was divided into L; and (b) the second donated land was divided into M; and (c) on February 26, 2007, the ownership transfer registration was completed under the Defendant’s name (hereinafter “instant ownership transfer registration”); and (d) on December 11, 2007, the third donated land was combined into NN on the same day.

G. Since the land indicated in the attached list among the donated land (hereinafter “instant land”) is excessively donated erroneously, the Plaintiff’s revocation of donation and cancellation of ownership transfer registration in the name of the Defendant.