(영문) 대전지방법원 2014.12.30 2013가합103876

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(영문) 대전지방법원 2014.12.30 2013가합103876

손해배상 청구 등

Text

1. The defendant shall be the plaintiff.

A. Of the 38,777 square meters of C Forest land in Seosan-si, the attached appraisal map Nos. 1,2,3,4,5,6,7,54,53, and 1.

Reasons

1. Basic facts

A. In accepting the use of access roads to the collection of earth and rocks, which are set up in D (hereinafter “instant forest”) in the field of discussion on the preparation of a memorandum of agreement between the Plaintiff and the Defendant, on the following terms:

1. The user fee of the road site of this case shall be KRW 10 million.

2. The installation of a wheels for the collection of earth and rocks shall be first established by the plaintiff after the permission for the collection of earth and rocks is granted, but it shall be removed after the original and the defendant jointly uses it (it shall be installed at a place where it is easy to utilize the thickness), and the work of the D

3. Access roads to the collection of earth and rocks shall not cause a civil petition by covering the auxiliary aids concerned so as not to obstruct the passage of vehicles;

4. The amount of KRW 10 million for road use bond shall be paid within 10 days after the preparation of a written agreement.

When permission for collection of earth and rocks is refused, user fees and deposits shall be refunded.

5. The Plaintiff would purchase the land E in the vicinity of the forest land No. 1 in this case and six parcels (No. 692 square meters) in the amount of KRW 100,000,000.

(A) The Plaintiff shall set up a collateral when the land transaction is inside, and shall transfer the registration at an appropriate time. In addition, the said land shall be sold regardless of the permission for the collection of earth and rocks). 6. The Plaintiff shall provide the Defendant with the area necessary for the change of the road line among the forest land No. 1 of this case, which is required by the Defendant, with the consent of use when preparing this Agreement, and without compensation, the area

Around October 2007, the Defendant: (a) consented to the Plaintiff’s use of the instant road site as an access road to the above earth and rocks in collecting earth and rocks on the instant forest land by installing a earth and rocks gathering site on the instant forest land; (b) written an agreement with the Plaintiff regarding the consent to land use, as described below (No. 4-1, hereinafter “instant agreement”).

B. In this case, the defendant shall prepare and deliver a written consent to land use between the plaintiff and the defendant.

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