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(영문) 청주지방법원충주지원 2016.03.31 2015가단22796

분묘철거 등

Text

1. The Defendant indicated in the attached Form No. 104, 105, 106, 107, 108, 109, 110, among the forests and fields C, 500,378 square meters in Chungcheong-gun, Chungcheong-gun, the Plaintiff.

Reasons

1. Basic facts

A. On October 15, 2008, the Plaintiff purchased the price of KRW 13,750,000 for 632,430 square meters and F forest 1,18,099 square meters from D organizations in Chungcheongnam-gun E-gun, Chungcheongnam-do, and KRW 13,750,00,000. The said sales contract (hereinafter “instant sales contract”) states that “D organizations are responsible for and organized all obstacles, such as those that obstruct the Plaintiff’s golf course project promotion, and deliver land to the Plaintiff, and compensate the Plaintiff for the graves and lost trees, but only if documents, such as civil petitions, are submitted by D organizations.”

B. On March 28, 2009, the Defendant, a member of the D organization, prepared and delivered the steel tower’s consent form, the Lido closed consent form, and the written consent to use the small and medium area (hereinafter “each of the instant consent form”) to the Plaintiff, including civil petition to the effect that “the Plaintiff bears any inconvenience that the Plaintiff would incur in purchasing and implementing the project, and bears all civil and criminal responsibilities to the Plaintiff due to the filing of a civil petition, etc.”

C. On November 15, 201, part of the land was subdivided into C50,378 square meters of forests and fields (hereinafter “instant land”) in the F Forest No. 1,188,09 square meters of F Forest in Chungcheongnam-gun, Chungcheongnam-do. Of the instant land, the Defendant manages three graves within 187 square meters of land in line, which connect each point of 104, 105, 106, 107, 108, 109, 110, 110, and 104 square meters of land in line, which connect each point of 187 square meters of land in line (hereinafter “each of the instant graves”) in order to connect each point of 114, 115, 116, 117, 118, and 114 square meters of land in line with the indication of the relevant drawings.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. Oral arguments are presented prior to the determination of the cause of the claim.