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(영문) 수원지방법원 여주지원 2017.02.14 2016가단389
토지사용승낙 등 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who performs the construction work for creating an electric housing complex in a single unit of land, such as Gyeonggi-gu E Ri (hereinafter referred to as “E Ri”) F, because all land located in E Ri.

B. On May 26, 2014, the Plaintiff and the Defendant sold 4,942/10,357 shares of F forest land owned by the Plaintiff in KRW 100 million, among G forest land of KRW 10,357 square meters and KRW 10,357,000,000,000,000 for the remainder of KRW 10,000,000,000 upon receipt of the contract at the same time, and received on June 30, 2014; issued documents necessary for the registration of transfer of ownership; and issued the said real estate on June 30, 2014 (hereinafter “instant sales contract”), and entered the following special terms therein.

1. The seller (Plaintiff) shall obtain the said land in accordance with the sale and purchase division (permission for development acts) as shown in the annexed land use plan (attached Form omitted) and transfer the ownership.

Provided, That it is necessary to set up an access road and it is necessary to do so.

In addition, if a cemetery exists in the previous land, the seller should be transferred.

2. A purchaser (the defendant) shall, at the same time, issue a document of authorization and permission (written consent for land use, written consent for designation of a road, certificate of seal impression, etc.) under the said sale and purchase of land (F) and the said sale of land, housing site, warehouse site, road site, etc., to the owner of the land (not less than four meters wide) to open for entry, such as H farm site, 120 square meters, and I road 510 square meters;

(hereinafter omitted)

C. Since then, the Defendant offered to the Plaintiff a total of 473 square meters (hereinafter “instant access road”) in the ship that connects each point of 2,3,4,5,6, 10, 11, 12, 13, and 2 indicated in the annexed drawings among the C warehouse sites and of 3,4,5, 6, 10, 11, 12, 13, and 12, and 6, 7, 8, 9, 10, and 6 of the same drawings among D forest land, and the same drawings among D forest land. The Defendant offered to the Plaintiff a total of 473 square meters in the ship that connects each point of 59 square meters in sequence and 59 square meters in the ship (hereinafter “instant access road”). The Defendant shall pack the road and give consent to land use by receiving it by the Plaintiff.

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