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(영문) 의정부지방법원 2018.06.26 2017가단109441

토지사용승낙

Text

1. The defendants are on each land with respect to the plaintiffs, as shown in the separate sheet.

Reasons

1. Basic facts

A. The “L” development project has been implemented on several parcels outside Gyeonggi-gun, and according to the above project plan, the housing site creation was completed so that housing can be newly built after dividing the land into a site to be newly built and a site to be used as an access road according to the said project plan, and the divided registration was also completed.

B. Specifically, the instant L site (hereinafter “instant site”) included the area of 3,306 square meters in Pyeongtaek-gun M. However, the said forest was divided into ① M forest of 866 square meters, ② N forest of 1,049 square meters (this N forest was divided into 470 square meters in N forest, 513 square meters in O forest, and 66 square meters in P forest), ③ Q forest of 571 square meters, ④ R forest of 571 square meters, ⑤ Si forest of 249 square meters in S forest of 248 square meters (hereinafter “instant land”).

C. The current status of the present project site created through such a series of processes around the instant dispute is as follows:

(F) The part of yellow display is the dispute land of this case).

The division of the land in the dispute of this case into the road as above was intended to create a road of not less than 2 meters on the condition of obtaining a building permit necessary for the project site development project.

The land in the dispute of this case was divided as above and the actual creation of the land was completed in the road form as follows:

E. The Plaintiffs are the persons who purchased the housing site, etc. as shown in the separate sheet to move into the entire housing site of the instant project site.

F. On July 27, 2009, after the creation of the instant project site, the Defendants, with the knowledge of the development plan for electric village for the instant project site, acquired shares of 1/2 of 445 square meters in each of the instant land and 55.5/248 square meters in each of the instant land among the said land, respectively.

At the time, the Defendants were divided into a road according to the instant project plan.