토지매수 등 청구의 소
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. Basic facts
A. The Defendant, as the owner of the Gyeonggi-si H and I land (hereinafter, including each of the above lands, has been promoting the development project of J-gu Housing Complex as well as L which owned neighboring land.
B. On July 23, 1993, an agreement was concluded between K and L, an incorporated association (hereinafter “K”), on the right to open roads of F forest land. The main contents are as follows.
1) L must ensure smooth use of K’s access road by completing the construction of the access road package and drainage of the access road owned by K, and approval of L’s use of the road on the condition that L bears approximately KRW 15 million of the expenses required therefor. 2) L’s use area is 5m wide ¡¿ 129m in length (area 2,204mmp, 667.8mp.).
3) L shall, at the request of K, purchase at any time at the time and on the basis of the market price at the time of sale, and the purchase price shall be 4,245 square meters (1,286.3 square meters) of the size divided into roads, including roads. 4) L shall not succeed to or transfer the right to use the road approved by K to a third party and shall be liable for all civil and criminal responsibilities in the case of transfer without the approval of K.
C. L. L.W. L.W.
In accordance with the Road Use Agreement of this subsection, roads were constructed on the F forest ground from 1993 to 1994. D.
Plaintiff
A purchased F forest land from K on August 1, 1995, and subsequently donated part of the above land to Plaintiff B and Plaintiff C and D, one of their wife, who were their children, on May 28, 1998.
E. N filed a lawsuit against the Plaintiff et al. on the claim against the Plaintiff et al., Seoul District Court 98Kadan1055. On September 2, 1998, a compromise was concluded between the parties to the instant case with the purport that “the Plaintiff et al. shall jointly and severally pay N KRW 10 million, and N shall provide the Plaintiff et al. with the right to use the land on the road section 28 square meters free of charge.”
F. The plaintiff A shall pay the N 10 million won of the above reconciliation.