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(영문) 의정부지방법원고양지원 2017.06.23 2017가합70376
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is on the notarial deed No. 272, June 15, 2015, No. 2015, No. 2015.

Reasons

1. Facts of recognition;

A. Since February 7, 1995, the Plaintiff owned 4,535 square meters (hereinafter “C land”) in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu (Seoul).

In addition, since May 28, 2003, the Plaintiff owned 21,546m2 (hereinafter “D land”) of Goyang-gu Seoyang-gu Seoul Metropolitan Government D forest land (hereinafter “D”).

(However, with respect to D's share 164/22,051, the registration of transfer of E's ownership was completed on December 3, 2003. A consulting contract

1. Name: Renewal of a variety of trees, deforestation, or formation of a forest before it;

2. Location: Goyang-gu, Yangyang-gu;

3. Area: An area to be incorporated into a F Highway site with an area of 1,771 square meters (3,566 square meters) out of 21,546 square meters (6,529 square meters) and an area to be developed into a electric road with an area of 9,775 square meters (2,962 square meters).

4. Landowners: The plaintiff.

5. Felling consulting contractor: A consulting contract shall be concluded in order to cut standing trees of not more than 9,775§³ of the site for permission for cutting down trees on Defendant D’s land, to renew the species of trees, and to create the same as “presa

Article 5 (1) The expenses for authorization, permission and construction shall be two hundred million won.

(2) The defendant shall be paid 50 million won as down payment to the defendant on the day of the contract.

(3) The remainder shall be paid 150 million won from the compensation for the land on the expressway of the National Treasury.

Article 7 (Grounds for Termination) If the plaintiff fails to perform the conditions of the above Article 7 (1) in the course of the defendant's authorization, permission and work, this contract shall be terminated, and the plaintiff shall compensate the defendant for the

(2) Where the defendant is unable to perform authorization, permission or construction works, this contract shall be null and void.

B. On March 28, 2015, the Plaintiff drafted a consulting contract (Evidence A No. 12, No. 12, No. 12) with the Defendant regarding D land with the following content as to D land:

hereinafter referred to as the "first consulting contract" which is entered into by the above consulting contract.

(b) A consulting contract for permission for charging stations;

1. Land subject to development restriction: Permission for filling stations on land C;

2. Landowners: The plaintiff;

3. Consulting executor: The purpose of Article 1 and the defendant are to legally use the above land, since all the land is within the development restriction zone.

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