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1. The defendant shall be the plaintiff.
A. The attached appraisal map (1) No. 13, 14, 5.0 is indicated on the attached land of 474m2 on the C religious site in Chungcheongbuk-gun.
Reasons
1. Basic facts
A. The Defendant, on April 2006, requested the owner of a charnel site, including the Plaintiff, to approve the use of land on the part of the land owned by the E, E, 379 square meters, and G forest 5,601 square meters owned among F, owned by the Plaintiff, in order to build a religious assembly site, a room, and a charnel facility (hereinafter “the instant charnel house”) on the part of the land owned by the E, E, 379 square meters, and G forest 5,601 square meters owned among F, owned by the Plaintiff.
B. On April 20, 2006, the Plaintiff issued to the Defendant a written consent to the use of the land prior to subdivision, stating the phrase “the consent to the use of the land prior to subdivision and the land subject to the first exchange shall be null and void in the event that the land prior to subdivision and the land subject to the first exchange are not fulfilled by July 31, 2006,” stating that “The consent to the use of the land prior to subdivision and the land subject to the first exchange shall be deemed null and void.”
C. The Defendant applied for permission for development on June 29, 2006, with a written consent of the owners of charnel lots, including the Plaintiff’s written consent to the use of the above land, and obtained permission for development on the ground of the above site, and obtained approval for use on February 14, 2007.
The land before the division of the Defendant’s land in the process of building the instant charnel was divided into 474m2 and 264m2 before J, 207, following the division as of January 22, 2007 and the change of land category as of March 12, 2007.
E. Meanwhile, the Defendant convened a general meeting and discussed the issue of exchange of the land before subdivision and the land subject to the first exchange, but failed to pass a resolution thereon, and thus, proposed to exchange the land before subdivision with the Plaintiff. On July 2007, the Plaintiff and the Defendant exchanged the instant land divided from the land before subdivision owned by the Plaintiff, and the instant land divided from the land before subdivision owned by the Plaintiff, and the land before J, 264 square meters, and 975 square meters before K owned by the Defendant (hereinafter “the land subject to second exchange”), but the Defendant shall additionally pay KRW 50 million to the Plaintiff.