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(영문) 수원지방법원 2014.07.10 2014가합1570
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around June 2010, G Jong-si, the owner of 2,443 square meters prior to the wife population C at the time, and the Plaintiff at the time, the owner of 815 square meters prior to E, F Forest and field 7,736 square meters, who was the owner of 7,736 square meters of 7,00 square meters of 70 square meters of 7,000 square meters of 3 parties, prepared a written agreement with the following: “The above subdivision may use a passage of at least six meters established in the above C land without compensation; the above subdivision shall open a passage of at least six meters in width connecting the above C and E land (the above F land) and allow the owner of D and the above E to use it without compensation.”

B. In addition, at the same time, the Plaintiff entered into a sales contract with D on the said land, and received a written consent (for users, the Plaintiff, the area used, the area of 225 square meters, and the access road for use) from the above end-off association.

C. 1) Around October 26, 2010, the said C’s 2,443 square meters was divided into 467 square meters prior to C, 492 square meters prior to H, 370 square meters prior to J, 982 square meters prior to K, and 132 square meters prior to K. Since the said C’s 467 square meters was again subdivided into 320 square meters prior to C and 147 square meters prior to L around March 12, 2012. Around September 11, 2013, the said 320 square meters prior to C was divided into 370 square meters as a site; and around September 13, 2013, the said 370 square meters prior to I was converted into a road on September 13, 2013; and the said 7,736 square meters of forest and forest were further registered from M27, 7666 square meters into a forest and forest.

3) On July 2010, the foregoing E’s 815 square meters was combined with 815 square meters prior to O, 815 square meters prior to P, and Q. 815 square meters, and was divided into 3,260 square meters prior to E, and then divided into 2,515 square meters prior to E, 624 square meters prior to R, and 121 square meters prior to S.

D Around September 29, 2006, after completing a building report to the head of the competent office, and newly building a detached house on the ground above C and obtaining approval for the use thereof on September 4, 2013. The Plaintiff was issued a power of delegation from D on May 31, 2013 to the effect that “all matters concerning the promotion of sale and development of electric power supply housing, which is being promoted on land, shall be delegated to the Plaintiff.”

E. On the other hand, on May 12, 201, the Plaintiff owned on the same E, 2,515 square meters.

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