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(영문) 대전지방법원공주지원 2017.11.09 2017가단505
주위토지통행권확인 등
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Around June 10, 201, Defendant A entered into a contract with F, G, and H for real estate services (consulting) regarding the purchase and development of two parcels, including the 33,669 square meters of land (hereinafter “instant project site”) prior to the partition of land owned by I, as well as the 33,669 square meters prior to J in the city of official land ownership.

B. On July 12, 201, Defendant A sold at KRW 200,000,000, K-do river and KRW 228,000,00,000 in public-private partnership city prior to the partition corresponding to the access road to the instant project site, Defendant A entered into a sales contract with the content that the remainder of KRW 180,000,000 is to be paid within five months from the contract date.

In addition, Defendant A received down payment of KRW 20,00,000 from G on the date of the contract, and around July 20, 201, Defendant A prepared a written consent for permanent use of the sum of KRW 378,00,000 square meters among the 1,630 square meters of K river and the 228 square meters of L river before division to the owner of the instant project site in order to obtain permission for opening a private road to enter the instant project site from G on July 20, 201.

C. Around July 20, 201, Defendant B entered into a sales contract with F and G for sale of KRW 1103/3990 shares of KRW 167,00,000, out of 3,990 square meters in MM 3,90 square meters corresponding to the access road part of the instant project site prior to subdivision to F and G.

In addition, Defendant B, the owner of the instant project site, in order to obtain permission to open a private road that enters the instant project site from F and G on September 201, 201, prepared a permanent written consent to use of Ma M 3,990 square meters (hereinafter referred to as “written consent to use of the Defendants in this case, along with Defendant A’s permanent written consent to use”). D.

I, around November 201, 201, part of 333 square meters among the 1,630 square meters of K river in the city of official housing (referring to the 333 square meters of C river divided from the river in January 15, 2014), part of 45 square meters of the 228 square meters of L river before partition (limited to the 45 square meters of D river divided from the river in January 15, 2014), and 3.

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