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(영문) 대전지방법원공주지원 2019.08.22 2019가단20343
청구이의
Text

1. Of the counterclaim of this case, the part of the claim for confirmation of termination of the certificate shall be dismissed.

2. The defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. The Plaintiff owns land Ddong-dong (hereinafter referred to as “Ddong”), and the Defendant is using G and 15 lots (hereinafter referred to as “instant road”) outside G as roads while operating “F resting” in its neighboring areas.

B. On December 16, 2013, the Plaintiff prepared a letter of commitment with the Defendant to the following terms (hereinafter “instant agreement”) and received a notarized deed as a notary public C’s No. 1674, 2013.

1. B (the plaintiff, hereinafter the same shall apply) shall jointly share, on condition that the promise is performed, the occupation and use fees for roads in front of G and 15 lots F resting places, in the official city, which is imposed on Gap (the defendant, hereinafter the same shall apply) in one half;

2. Party A and Party B shall be jointly installed at the present location, and Party B shall permit Party B to install signboards for resting areas (less any paint) at the location of the attached drawing if Party B’s F resting area inevitably removes by civil petition.

(hereinafter omitted)

3. A shall grant B a written consent for entry into the development zone to obtain a E development permission at the time of official residence.

4. A shall not claim the construction cost for the installation cost of occupancy and use of a road to B.

7. Eul agrees that no civil petition shall be filed against the installation of signboards at the present F Rests of Gap, and that they shall be placed at the present location. If this is not complied with, Eul shall bear all the expenses incurred in moving signboards at the F Rests of Gap.

9. The above parties agree to implement the above agreement in good faith and to compensate the other party for the damages.

C. On December 16, 2013, the Defendant prepared and provided a written consent for the use of the instant road to the Plaintiff, and the Plaintiff filed a building report on the land E with the said written consent, and issued a building report certificate on January 9, 2014, but the said building report was revoked on January 8, 2016 because the Plaintiff did not start the construction thereafter.

Gongju-si shall be the defendant on September 20, 2018 H.

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