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1. The defendant shall have jurisdiction over the share of 799/1,964 shares among 1,964 square meters of forest land in Dongcheon-si, Dongcheon-si.
Reasons
1. Facts of recognition;
A. On August 2004, the Plaintiff and the Defendant jointly purchased and developed D forest 15,172 square meters and E forest 980 square meters. Since then, each of the said forests was divided into F forest land, etc. after the registration conversion. Among them, the Plaintiff agreed that the Plaintiff, F, K, L, and J forest owned, respectively, and that the Defendant owned, and that C forest 1,964 square meters (hereinafter “instant forest”), N forest 1,964 square meters (hereinafter “N forest”), N forest 129 square meters (hereinafter “O forest”) and O forest 129 square meters (hereinafter “O forest”).
B. Following the above agreement, the plaintiff and the defendant completed the registration of transfer of ownership on October 28, 2005 under the name of the defendant, while the shares of 1,165/1,964 among the forest land of this case under the name of the defendant, and the shares of 799/1,964 under the name of
C. Meanwhile, around 2005, the Plaintiff and the Defendant obtained permission to engage in development activities (land form and quality alteration, permittedR) for the purpose of housing complex formation from the Dongban City for the purpose of housing complex formation (a total of 4,706 square meters) with respect to the land (a total of 4,706 square meters) in Dongban City, Dongbcheon-si, G, K, H, L, P, P, C, N, J, Q, Q andO. While the period of permission was from January 13, 2005 to June 30, 2006, the construction was not completed within the said period, but the permission was granted twice on February 21, 2007 and January 28, 2008.
However, on April 16, 2010, the Dong Dubcheon City, which did not become a housing complex under the permission of development, issued a prior notice of disposition following the cancellation of permission of development on the ground of non-performance of the conditions of permission, and issued a prior notice of disposition
5.4. The hearing was conducted on the 11th of the same month, and thereafter, the revocation of the permission for development activities on the grounds that the conditions of permission were not fulfilled, and the disposition was issued to order the restoration to the original state.
Accordingly, on November 5, 2010, the Plaintiff brought a lawsuit against the Defendant demanding the acceptance of land use in order to obtain the Defendant’s consent to land use for the instant forest and N and O forest, which are co-owned land subject to permission of development on its own.