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(영문) 서울중앙지방법원 2015.01.28 2014나6991
주위토지통행권확인 등
Text

1. The plaintiffs' appeal against the defendants and the preliminary claims added in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. At around 2002, 9 persons, among 12 persons, including U,V, W, X,Y, Z, AAB, AC, AD, AE, the Plaintiff, etc., the owner of the K 36,363 square meters (hereinafter “instant project site”), who is the owner of the instant project site, jointly develop the instant project site, and the owners of divided land, who are divided as necessary, jointly develop the instant project site with the content of active cooperation in development activities (hereinafter “instant joint development agreement”).

B. On April 8, 2002, the Suwon District Court Decision 2002No. 243 decided Apr. 8, 2002, a settlement was established prior to the filing of the suit with the content that the instant land jointly owned was divided and owned by each of the parties, and accordingly, the settlement was established.

5.31. The project site in this case was divided into K, L or M, and

6. 8. The Plaintiff A with respect to the 774 square meters of N Forest, AD with respect to the 1,548 square meters of O forest, AE with respect to the 1,547 square meters of P forest, AE with respect to the 3,868 square meters of S forest, Z with respect to the 4,950 square meters of Q forest, and X completed each registration of ownership transfer.

C. Since then, X sold Q forest to Defendant F and G, completed the registration of ownership transfer on March 26, 2003, and Z donated the forest to Defendant H to complete the registration of ownership transfer on June 28, 2003. The Plaintiff A sold part of the shares of N forest to Plaintiff B on October 29, 2003 and completed the registration of ownership transfer on May 24, 2004. AE sold P forest to AF and completed the registration of ownership transfer on September 2, 2004.

Of nine persons who prepared the instant agreement, Y, AD, AE, and Plaintiff A, including the Defendants, whose ownership was omitted and acquired as above, drafted a Joint Development Agreement on October 11, 2004 (hereinafter “instant agreement”) with the content that AG, AH and the aforementioned AA, B, and AC jointly develop the divided L or M forest.

(e) On May 21, 2008, S forest land shall be T forest land.

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