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(영문) 광주지방법원 2020.10.29 2018가단533343
부동산 인도 등
Text

For the plaintiffs, the defendant

A. Of the area of 1,560 square meters in Gwangju Mine-gu G, the attached Form 1 Map Nos. 55 through 60, 22 through 29, 63.

Reasons

Facts of recognition

A. The parties’ status 1) J is 1,560 square meters prior to G in Gwangju Mine-gu (hereinafter “G land”).

2) As to the Plaintiff’s forest land 403 square meters (hereinafter “H land”)

3,663 square meters of land for I farm (hereinafter “I land”) and the entire land is “the instant land”.

(2) On March 2, 2012, the J died and succeeded to the Plaintiffs’ respective 1/5 shares of J’s property. (2) The Defendant is the owner of the 5653m2 adjacent to the instant land for the Gwangju Mine-gu Factory site (hereinafter “K”) and engages in the construction waste disposal business in the said land.

B. On August 10, 2005, the deceased J and the Defendant drafted an agreement signed by the Defendant on a notarized arrangement between the deceased J and the Defendant (hereinafter “instant agreement”), and the main contents of the agreement are as follows.

[Agreement] In preparing a letter of agreement on the construction of a road 4m wide width for K and G land, the following terms are agreed upon with the Defendant “A” and “J” as “B,” and with the construction of a road 4m wide in the G land owned by B as well as with the sale of the remaining land and adjacent H land to A:

1. In the cadastral map of Annex A, B, C, D, E, F, G, and H indicated on the cadastral map of Annex B attached Table 1, and indicated on the cadastral map of Annex B, the boundary on which the width of four meters is expressed respectively from the point of origin of the above indication, and sell the divided L and H land of Annex B, which are divided into two parcels of measurement, and KRW 50,000 per square meter, and KRW 30,000,000.

2. A and B shall take administrative measures with regard to the division and boundary surveying as referred to in paragraph 1 above, subject to mutual agreement, and shall bear the survey costs.

3. A connects a 4-meter road ( currently in use) from the boundary line adjacent to M land owned by A’s owned K to the road with the width of 4 meters wide, and executes road works up to the boundary line of the N land owned by B, and the above construction costs are borne by A.

4. Eul recognizes the use of temporary roads and remaining lands currently in use under paragraph A and prepares an agreement.

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