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(영문) 부산지방법원 2019.08.30 2019가단308996
토지
Text

1. The Plaintiff C, D, E, G, K, L, M, N, and P are indicated in the attached Form No. 16,45 square meters among the 16,45 square meters in Ulsan-gun, Ulsan-gun, the Defendants jointly-owned.

Reasons

1. Basic facts

A. On January 8, 2013, V forest 31,701 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun prior to subdivision was divided into 20,190 square meters in V forest, W forest 9,623 square meters in size, and X forest 1,88 square meters in size in the same year;

4. On 30. V. Forest land was divided into 16,455 square meters (hereinafter “instant forest”) and Y forest land into 3,735 square meters.

B. On April 28, 2015, W forest 9,623 square meters was divided into 1,95 square meters of W forest 1,955 square meters, Z forest 1,917 square meters, AA forest 1,917 square meters, AB forest 1,917 square meters and AC forest 1,917 square meters, and AC forest 1,917 square meters.

C. On May 12, 2015, AD, the owner of each of the said forests and fields, signed a written confirmation with the Plaintiff that “AD, on February 27, 2015, entered into a real estate sales contract with A, on the condition that “AD shall attach a written consent for land use and a certificate of personal seal to the buyer,” stating that “AD shall attach a written confirmation to B, on the other hand, a certain area (e.g., indicated in the attachment drawings, and 20 to 30 meters on the road) adjacent to the road among the area of V (16,455 square meters) owned by the seller under the terms and conditions of the contract, which is owned by the seller.”

Plaintiff

On August 25, 2015, A and B purchased W forest 1,955 square meters, Z forest 1,917 square meters, AA forest 1,917 square meters, AB forest 1,917 square meters, and 1,917 square meters of AC forest and 1,917 square meters from AD, and completed the registration of ownership transfer on September 30, 2015.

E. On July 29, 2016, W forest 1,955 square meters was divided into 977 square meters of W forest and 978 square meters of AE forest and 978 square meters of land. The 1,917 square meters of AA forest were divided into AA forest and 925 square meters of land and 992 square meters of AF forest on the same day.

F. On June 20, 2017, AD sold the instant forest land to the Defendants, and completed the registration of ownership transfer to the Defendants on August 21, 2017.

G. On June 20, 2017, the Defendants: “AC, AB, X, Y, AG, and AA” state that “In the purchase of the instant forest, the Defendants permitted the right to use access to and exit from the land for the part of the access road (a) to be used for the passage of the land in the purchase of the instant forest.” (The content of the instant confirmation shall be confirmed to be valid even after the sale to another party, and all the documents necessary for the permission shall be provided at the time of granting the authorization and permission).

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