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(영문) 서울동부지방법원 2018.05.23 2017가합112469
동의절차이행
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 company running a “C” golf course (hereinafter “instant golf course”) on a total of 1,503,268.1 square meters of land size of 10,000, Ansan-gu, Ansan-si and 10,000 square meters, and the Defendant is the owner of each land indicated in attached Table 2 adjacent to the instant golf course (hereinafter “instant land”).

Written Consent of Agreement

1. In order to exchange the real estate owned by Party A [E] and Party B [Plaintiff]’s]’s (to purchase and provide approximately approximately KRW 1,400 with the ridge part adjacent to H to the scope that does not conflict with the basic facility placement plan) first issue a prior written consent for land use on the premise of the above conditions.

The form of substitute soil shall be in the form suitable for the placement of tombstones.

Written Consent to Land Use

1. Indication of real estate: Existing land;

3.To accept the prior use of the land on the condition that it will be purchased by consultation as agreed note.

The Defendant’s father E owned the forest land of 8,926 square meters and G forest land of 298 square meters (hereinafter “previous land”), which was originally used as graveyard, etc. in Ansan-si.

On December 27, 1983, the Plaintiff entered into a contract with E to exchange the previous land with another land (hereinafter “instant exchange contract”) in order to use the previous land as the site for the instant golf course (hereinafter “instant exchange contract”).

Accordingly, E has prepared to the Plaintiff a letter of agreement and a written consent for land use as follows:

C. Since then, according to the instant exchange contract, E is confirmed to be the land of this case, and E completes the registration of ownership transfer on April 10, 1995, and the Defendant completed the registration of ownership transfer on November 10, 2003 due to inheritance by consultation division.

The instant land does not belong to the instant golf course site, but is designated as urban planning facilities along with the instant golf course site, and it was relocated from the previous land.

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