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(영문) 부산고등법원 (창원) 2017.03.23 2016나22052
토지사용승낙
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition;

A. On July 11, 201, the Plaintiff and the Defendant entered into a sales contract with the Defendant to divide the sum of KRW 350 square meters in G, 350 square meters in his own possession, KRW 433 square meters prior to C, KRW 972 square meters prior to H, KRW 466 square meters prior to J, KRW 446 square meters prior to K, and KRW 2,162 square meters prior to K (hereinafter “instant land prior to the instant division”), KRW 8,57 square meters in L orchard, and KRW 1,000 in M forest land to sell KRW 50,00,000 to the Plaintiff (hereinafter “instant sales contract”).

B. Since then, among the land subject to the instant sales contract, the following land was divided into several land: (a) 466 square meters prior to IJ, 446 square meters prior to the instant subdivision, and K land prior to L orchard 8,456 square meters (the area on November 29, 201 changed from 8,577 square meters to 8,456 square meters).

In the original land on November 29, 201, and November 30, 201, the land category of 466 square meters prior to the land subdivision I, 245 square meters, prior to the land subdivision I, 201, and 4,456 square meters prior to the 246 square meters J. 221 square meters, 432 square meters L supply sources of 4,456 square meters prior to the land subdivision, 4,149 square meters AA and 593 square meters (the land category on July 27, 2012 is changed to a road) of AB orchard 1,398 square meters and A 315 square meters of 315 square meters of 4,000,000,000 prior to the land subdivision, and 1,62727 square meters of 29,0000 square meters prior to the subdivision, and 251,000 square meters prior to the subdivision, 153 square meters prior to the subdivision.

C. On October 25, 2011, the Plaintiff prepared a sales contract on a total of 350 square meters, including 350 square meters prior to G, 433 square meters prior to C, 972 square meters prior to H, 221 square meters prior to N, 432 square meters prior to P, 524 square meters prior to C, 78 square meters prior to C, and Qu orchard 296 square meters. On December 1, 201, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff with respect to each of the above lands.

On July 16, 2015, the Plaintiff: (a) merged the area of 972 square meters prior to H, 221 square meters prior to H; (b) 432 square meters prior toO; (c) 524 square meters prior to C; and (d) 78 square meters prior to C, the area of 433 square meters prior to C was 2,660 square meters prior to C (hereinafter “C land”).

(e).

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