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(영문) 서울고등법원(춘천) 2019.01.09 2017나1979
토지사용권 부존재확인의 소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2003, the Plaintiff acquired E land ownership prior to the Defendant’s partition. (1) On November 17, 2003, the Plaintiff is 8,027 square meters of C Forest land (hereinafter “C land”).

(D) 1,246 square meters of D forest land (hereinafter “D land”).

2) On September 28, 2008, the Defendant purchased the purchase price of E forest land E 8,671 square meters (hereinafter “E before division”) from G on September 30, 2008, KRW 750 million, and the Defendant completed the registration of ownership transfer under the name of the Defendant on November 28, 2008.

The special terms and conditions of the above sales contract stipulate, “The seller shall secure access roads necessary for the buyer to permit the new construction of the building within the above land.”

Before partition, land E was divided into 2,406 square meters of H forest and 2,406 square meters of forest and E forest and 6,265 square meters of forest (hereinafter “E after division”) on June 5, 2013.

3) On August 1, 2009, the Defendant: (a) with respect to the entire land of 367 square meters and D, among land C from the Plaintiff; and (b) with respect to the land of 1,047 square meters in Guju-si (hereinafter “I land”).

B) The Plaintiff and the Defendant entered into a loan agreement and a sales contract with the Defendant on April 2, 2012 with respect to the location of K and the type of business, K and the type of business, wholesale and retail business, real estate business, electric and electronic parts, electric machinery, equipment and steel materials, lease, trade name as “L”, respectively.

2) In order to secure access roads to the said building, the Defendant, who had tried to construct a factory building on the land E after the partition, combined the Plaintiff’s land with 22 square meters and 554 square meters and 554 square meters and 22 square meters and 554 square meters and 554 square meters among the land D on December 2, 2013.

with respect to the purpose of use (hereinafter referred to as “instant loan agreement”)

(2) On December 31, 2013, 201, 862 square meters before MM (hereinafter “M”) was received.

45 square meters out of M land from J, the owner of the land.

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