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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's conjunctive claim added by this court, the defendant.
Reasons
1. Basic facts
A. The pertinent land is divided into 319 square meters of J-forest and 2235 square meters of J-forest on April 16, 2018, and the area was 3538 square meters of land, D forest and 2281 square meters (hereinafter “D land”), C forest and 52165 square meters of land (hereinafter “C land”), F forest and 11063 square meters of land (hereinafter “F land”), E forest and 9578 square meters of land (hereinafter “E land”), and H forest and 41256 square meters of land (hereinafter “H land”) are land located within the lower part of mountain, as in turn.
Around August 10, 2015, the I land: L, D, and C were owned by the Defendant, F, E land in M (However, the Plaintiff was the actual owner) and H land in H of the first upper end, respectively; however, around August 10, 2015, the Plaintiff, the Defendant, and L were written “a written consent to land use and written agreement (Evidence No. 4)” with the purport that the I land will be mutually entitled to mutually land use in order to construct a road adjacent to the valleys at the right edge of the land owned by the Defendant, D, C, and E.
B. L donated 1/5 of the equity interest in I’s land to N, G,O, and P (hereinafter collectively referred to as “L, etc.”) on April 4, 2016, and completed the registration of ownership transfer on April 8, 2016. M completed the registration of ownership transfer on the E’s name on August 3, 2016, with respect to E’s land and F’s land registered under his/her name on July 12, 2016.
C. Around May 2018, the Plaintiff planned to construct an agricultural warehouse on the land of the F to Defendant, L, etc., and requested the Plaintiff to prepare a written consent for land use on the land of 129 square meters among the I land owned by the Defendant, 371 square meters among D land owned by the Defendant, and 287 square meters among C land. In response, the Defendant, L, etc. prepared a written consent for land use (a certificate No. 16-1; hereinafter “written consent for land use”).