기부채납 무효 확인 청구
1. The part of the claim to confirm the invalidity of the donation in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
1. Facts of recognition;
A. The Plaintiff was the owner of D miscellaneous land 3,445 square meters, E miscellaneous land 1,186 square meters, and the purchaser of F miscellaneous land 272 square meters (the F land was owned by G and H in relation to the registration injury) prior to the subdivision.
B. The Plaintiff and the owners of adjacent land (I, J, K, L, and M) (hereinafter “Plaintiff, etc.”) were using part of the right-hand side of each of the above lands as an access road while operating a camping site, etc. from each owned land. However, the Plaintiff, etc. wishing to change the said access road to a road and implement packing construction.
C. Accordingly, the Plaintiff et al. filed an application for the change of road packaging and land category with Nonparty N as his agent, but the Defendant rejected 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 O works.
E. Accordingly, the defendant delivered N to the plaintiff et al. the intent that "if the plaintiff et al. donated the land used as access roads, it will conduct land category change and road packaging", and the plaintiff et al. accepted it.
F. As a result, the Plaintiff donated 270 square meters among the 3,445 square meters of D miscellaneous land prior to the division to the Defendant (hereinafter “1 donated land”), 87 square meters of E miscellaneous land (hereinafter “2 donated land”) and 272 square meters of F miscellaneous land (hereinafter “3 donated land”). On November 6, 2006, the first donated land was divided into P, and the second donated land was divided into Q, and the third donated land was combined into B on February 26, 2007, after the ownership transfer registration (hereinafter “the ownership transfer registration”) was completed under the Defendant’s name on December 11, 2007.
G. The part of the “C Do” indicated in the attached Form 1 drawing among the area of 1,668 square meters in Guri-si B road.