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(영문) 수원지방법원 2017.04.14 2016나61457
토지사용확인
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. C, which was an owner of “1,923,940 square meters of forest land B in Si in Si in Si in Si in Si (hereinafter “the instant forest”), completed the registration for transfer of ownership as to the Defendant’s portion 1,920,640/1,923,940 of the instant forest land on March 28, 2012 on the ground of donation as of March 28, 2012, on the ground that there was donation as of March 28, 2012.

B. The Plaintiff managed the instant forest land for several hundreds years, and C completed the registration for transfer of ownership as of April 16, 2012, with respect to the Plaintiff’s total share of 165/96,197, which is the remaining shares of the instant forest among the instant forest land (where converted into an area, it refers to 3,300 square meters out of 1,923,940 square meters), on the grounds of donation as of April 13, 2012.

Of the instant forest land, the Plaintiff’s share 165/96,197 was divided into “D forest with 3,300 square meters in the wife population in Yong-si” (hereinafter “D forest”). D forest with respect to 3,300 square meters in the instant forest among the instant forest land on April 5, 2012, the Defendant consented to the Plaintiff’s use without changing the form and quality for the management of two graves located in the instant forest (hereinafter “the primary approval for use”). On February 2013, the Plaintiff, at the Plaintiff’s request, to install a charnel house in the instant forest, specifying the location and size of the instant forest by specifying the location and size of the instant forest.

2. The part A with the drawing indication (hereinafter “instant part”) and the 1,650 square meters totaling of 3,300 square meters in the part B and the 1,650 square meters in the part B with the drawing indication (hereinafter “the approval for the secondary use”). D.

On August 27, 2013, the instant part was divided into 1,650 square meters of forest land G with the wife population G (hereinafter “G forest”).

E. On January 6, 2014, the Plaintiff entered into an exchange contract with the Defendant on the exchange of 1,216 square meters of the wife population H forest and 437 square meters of the said I forest and 437 square meters of G forest owned by the Defendant, and the Plaintiff and the Defendant exchanged each land in accordance with the said exchange contract.

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