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(영문) 대전지방법원홍성지원 2019.02.27 2017가단9503
토지사용승락 의사표시 이행 청구 등
Text

1. The defendant shall use the land as the passage of each land listed in the separate sheet to the plaintiff, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. On October 13, 2005, the Plaintiff purchased each of the lands listed in the separate sheet (hereinafter “Plaintiff’s land”) from the Defendant (the Plaintiff was a stock company E at the time, and was changed to F, Co., Ltd. on December 29, 2005, and was changed to the current trade name on August 5, 2015) (hereinafter “Plaintiff’s land”) at KRW 343,875,000, and completed the registration of ownership transfer in the Plaintiff’s name on October 28, 2005.

B. At the time of the above sales contract, the Defendant entered into a special agreement with the Plaintiff at the end of December, 2005, regarding the construction of roads as the G proposal.

In the above complex plan, there was an indication that the road is planned to be 8m to 12m wide on the land (hereinafter “instant road site”) such as Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and D, (hereinafter “instant road site”).

C. On April 20, 2016, the Plaintiff and two other parties purchased land from the Defendant asserted that they were obligated to construct roads according to the instant road site agreement, and filed a lawsuit seeking the construction of roads against the Defendant.

Plaintiff

On October 19, 2016, two other parties submitted a written withdrawal of the lawsuit, and on November 9, 2016, the lawsuit was terminated as the withdrawal order.

On October 17, 2016, when the lawsuit is pending, the Plaintiff purchased from the Defendant the shares of 644/4685 square meters in the Docheon-gun, Chungcheongnam-gun, Chungcheongnam-do, in part of the instant road site, and 18/243 square meters in the D farm site, among 243 square meters in the D farm site (hereinafter “Plaintiff’s road shares”; and completed each of the remaining shares owned by the Defendant’s road shares in the amount of KRW 20 million on November 4, 2016.

E. From November 4, 2016, the Defendant, the owner, from November 4, 2016, issued to the Plaintiff a written consent for land use (Evidence No. 6-1) stating that an employee would not raise any civil or criminal objection in obtaining permission for construction, permission for development, or permission for mountainous district conversion, and that he/she would accept the use of land, and affixed a corporate seal impression to the Plaintiff along with a corporate seal imprint certificate.

F. The Plaintiff on December 2017

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