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(영문) 수원지방법원 2020.06.23 2019가단506592
토지사용승낙 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. C’s acquisition and sale of ownership of forest land and E, F’s permission to open a private road, and change the name of the person permitted to open a private road 1) F Co., Ltd. (hereinafter “F”).

on May 18, 2001, Gdong (hereinafter referred to as “G Dong”) at the time of the section from the chemical market.

(2) Article 4 of the former Private Road Act (amended by Act No. 11584, Dec. 18, 2012; hereinafter “instant permission to open a private road”) under the main sentence of Article 4 of the former Private Road Act (amended by Act No. 11584, Dec. 18, 2012; hereinafter “instant permission to open a private road”).

(2) On August 1, 2002, C purchased D forest land 28,070 square meters (hereinafter “D forest”) and E forest land 22,993 square meters (hereinafter “E forest”) from I on August 1, 202, and completed the registration of ownership transfer on each of the above land on August 22, 2002.

3) On October 13, 2003, C sold D forest land at KRW 1.4 billion, and completed the registration of ownership transfer as listed below. The number of shares held by the other party on December 31, 2003, K 4,8482, L 6,6123, M 6,6114 on February 21, 2004, and sold the ownership transfer registration to the Plaintiff on September 208, 204 on September 20, 204 and on September 20, 2008, Q 196,94 on September 16, 200, respectively, sold the ownership transfer registration to the Plaintiff and the Plaintiff on September 4, 2008, respectively.

5) On October 7, 2004, T, the husband of C, changed the purpose of opening a road into “the opening of a facility for education, research, and welfare” (hereinafter referred to as “the first change of permission”) to T, a person who is permitted to extend the road from the Sungsung market, 39.9m for extending the road, 4,547m2, road area, and the purpose of opening a road.

B. The Plaintiff and the Defendant’s purchase of the site and the construction of the private road 1) T are subject to the primary permission of the Defendant on February 26, 2006.

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