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(영문) 광주고등법원 2016.09.02 2015나15398
채무부존재확인
Text

1. At the request of an exchange change in the trial, the agreement between the Plaintiff and the Defendant on August 18, 201 is concluded.

Reasons

1. Facts recognized;

A. On May 4, 2006, the Plaintiff completed the registration for the transfer of ownership with respect to F forest land 5,155 square meters (hereinafter “the forest before the instant partition”) in order to conduct felling work in the forest before the instant partition after completing the registration for the transfer of ownership on October 27, 2008.

B. C asserted that the Plaintiff laid down trees, etc. planted in the forest owned by his relative without permission and provided part of the forest land before the instant partition as a site for a road that connects the village to the direction within the Ycheon City. In order to ensure this, C demanded the registration of the forest land and land provided as a road site to himself/herself and the joint ownership with respect to it.

Accordingly, on December 12, 2008, between the plaintiff and C, the agreement containing the following is referred to as "the first agreement":

In order to facilitate the mutual use of the following red display portion as a certified copy of the annexed forestry map between the forest owner A and B, the forest owner A and B shall be 6 meters wide.

The forest owner shall refer to the land in the part where a road is opened without any condition, and the village representative shall not use the land for any purpose other than the road, and shall bear all expenses such as a survey and consent to make a joint registration with the village representative.

Addition: It is agreed that A will receive the full amount of compensation when the compensation problem occurs due to the use for any purpose other than the road after the day.

(c).

On December 30, 2008, the Plaintiff completed the registration of the combination of the Plaintiff and C’s names on the ground that the forest of this case, which was agreed to be provided as a road site on January 6, 2009, was a donation made on January 5, 2009 pursuant to the first agreement, on December 30, 2008, on the ground that the forest of this case was 4,766 square meters in J-si, J-si, and the forest of this case, and was divided into the forest of this case.

After that, K, an owner of 5,156 square meters of Icheon-si, has been established in his own forest due to the infringement of property rights.

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