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(영문) 수원지방법원 2016.06.21 2015가단52363
토지사용확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the forest land B with a wife population B 1,923,940 square meters (hereinafter “instant forest”), C completed the registration of ownership transfer on August 29, 1962, and the Defendant on April 2, 2012

3. 28. Registration of the transfer of ownership with respect to shares 1,920,640/1,923,940 on account of delinquency in payment of contributions shall be completed.

B. On April 16, 2012, C completed the registration of ownership transfer on the Plaintiff’s share 165/96,197 out of the instant forest. Of the instant forest, the Plaintiff’s share 165/96,197 out of the instant forest was divided into 3,300 square meters of land with wife population D on January 22, 2013.

C. (1) On April 5, 2012, the Defendant approved the Plaintiff to use land (forest) with respect to 3,300 square meters of the instant forest, and the consent stated that “I consent to use the said property without changing the form and quality of the land for the purpose of protecting and managing the two graves in the above-mentioned property (forest) and his/her family relatives, for the purpose of improving and managing the two graves in the forest.”

(2) The defendant thereafter attached the annexed Form among the forest land of this case to the plaintiff

2. The consent to use the land (forest) with respect to the total area of 3,300 square meters which is indicated in drawings A and B, and the above attached Form is given;

2. As to the size A with the area of 1,650 square meters indicated in drawings, “pre-approval for land use was made in relation to an application for permission to use a clan in relation to an application for permission to use a clan cemetery located in E by collecting the existing tombstones which are scattered in donated property from the place where the national forest exchange is planned (A part),” and the aforementioned attached Table;

2. With respect to the area B with the size of 1,650 square meters indicated in the drawing, “A consent to use land to utilize the part B 1,650 square meters to utilize it as a green space around the cemetery.”

Attached Form among the instant forest land

2. On August 27, 2013, the part A with the drawings was divided into 1,650 square meters of forest land G with the wife population G on August 27, 2013. On January 6, 2014, the Plaintiff and the Defendant owned the Plaintiff, on January 6, 2014, the said part as the wife population H 1,216 square meters of forest land and the said I forest land, and the said part as the Defendant owned.

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