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(영문) 대전지방법원 천안지원 2018.05.17 2017가단111808

소유권말소등기

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1. With respect to 1,320 square meters in ASEAN-si:

A. Defendant B is the ASEAN Branch Office of the Daejeon District Court.

Reasons

1. Basic facts

A. On October 19, 2009, the instant housing site and the instant land was divided into E 9,028 square meters in Ansan-si, Asan-si, E 7,708 square meters (hereinafter “instant housing site”) and 1,320 square meters in Asan-si (hereinafter “instant land”).

On July 26, 2012, the Plaintiff completed the registration of ownership transfer for the instant housing site from Defendant C on July 1, 2012.

On August 30, 2012, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt of No. 56231 on August 30, 2012 from Defendant C on the ground that the instant land was traded on August 29, 2012.

B. On August 29, 2012, Defendant B, who had completed the registration of ownership transfer with respect to the instant land, prepared a written consent to land use (Evidence 2) with the purport that the Plaintiff consents to the use of part of F forest land 4,794 square meters and G forest 19,967 square meters (hereinafter “instant access road site”) for the purpose of access roads, in the course of completing the registration of ownership transfer with respect to the instant land.

Since then, the Plaintiff prepared a letter (No. 4) stating that “I will not use the land after obtaining permission” as to the access road site of this case to the Defendant.

C. On February 7, 2013, the Plaintiff completed a construction report on detached houses on the ground of the instant housing site from the Asan market, and started access road construction works on the said new housing site and the instant access road site (hereinafter “instant construction”).

On December 16, 2013, when the Plaintiff was performing the instant construction project, the Plaintiff used the attached Form “Glim II” road, which is the current road, as a temporary road during the construction period of the instant construction, and thereafter, was completed by the Plaintiff, and then Defendant B used it as a temporary road for the construction period of the instant construction period, new 6 meters of the width adjacent to the Asan City H ditch.