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(영문) 제주지방법원 2019.01.08 2017가단59385
토지사용승낙청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. G and H purchased 1/3 land from I on April 19, 2004 and completed the registration of ownership transfer on April 20, 2004, respectively.

G has completed the registration of ownership transfer on December 16, 2005 with respect to 1/2 shares out of 1/2 shares of land to H on the grounds of sale.

B. The deceased J (hereinafter “the deceased”) purchased two land from I on May 31, 2002, while the Appointed F purchased four land from I on the same day and completed each registration of ownership transfer on June 5, 2002.

C. Around 2008, H and the Deceased prepared a written confirmation of the following contents (hereinafter “instant agreement”), and around that time, G and the Deceased prepared a written contract to sell the shares in the ownership of G on three land to the Deceased.

2 land owners: The deceased 3 land owners: G, and the H two above persons shall prepare this confirmation for the efficient use of their own land.

1. The land owner deceased will sell 25 square meters to H among the parts (9 square meters) successively connecting A-B-C-D-A as indicated in the annexed cadastral map, and in the event that it is necessary to secure roads such as future construction relations, etc., J and H will contribute land successively connected to A-B-C-D-A.

2. The G of the third land owner shall sell the deceased’s share of the land to the deceased, and if it is necessary to secure roads such as future construction relations, H and the deceased shall promptly contribute the third land.

3.The two persons shall, when transferring their own land to another person, be bound to succeed to the above agreed portion.

4. When the part of the above agreement is violated, the offender shall pay 200 million won as compensation.

E. On August 7, 2008, the Deceased completed the registration of ownership transfer for 83/503 shares out of 2 land for sale, and G completed the registration of ownership transfer for 1/2 shares out of 3 land to the Deceased on the same day.

F. Following the death of the deceased, two lands are owned by the deceased.

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