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(영문) 대전지방법원 2016.11.23 2016가합1049
토지사용승낙의사표시
Text

1. When the Plaintiff applies for a building permit of a lot of 440 square meters prior to Sejong Special Self-Governing City, the Defendant shall transfer the same to the Plaintiff.

Reasons

The basic fact is that, after the subdivision of the land before the subdivision of the land before the subdivision, it is deemed that the land (Yeguri), which was non-divided after the subdivision of the land before the subdivision, was 440 square meters prior to C, and 1,600 square meters prior to C.

E 1,197 square meters E, 258 square meters per 280 square meters per 280 square meters per 1,000 square meters, “the instant access land”

F 349m2 “F 349m2-2 land”

G Former 505m20 m200 m200 m200 m2

H 136 square meters prior to 136 square meters “finite land”

J 89 m20 m20 m20 m2

L 280 square meters “per-2 land”

K 150 square meters "per-1 land"

A. The Plaintiff’s 1,600 square meters and E 1,197 square meters prior to Sejong Special Self-Governing City owned by the Plaintiff were divided as follows:

On February 6, 2013, the date of conclusion of a sales contract (the date of registration of ownership transfer) the purchaser of the land indicated as the owner (owner, May 10, 2013) (hereinafter referred to as “respond-1”) MW-1, and Y-2 land (hereinafter referred to as “respond-2 land”) the access road of this case (hereinafter referred to as “respond-1, and land) the access road of this case caused by Defendant-280 shares of 64/280 of the access road of this case, 77/280 shares of the access land of this case (hereinafter referred to as “fa

B. On February 6, 2013, the Plaintiff sold each of the above lands to Defendant, M, and N (hereinafter “Defendant, etc.”) as follows, and completed the registration of ownership transfer on May 10, 2013.

The location and shape of each land shall be as shown in the attached Form.

C. After that, the Plaintiff filed an application for a building permit with Sejong Special Self-Governing City in order to construct a house on the narrow land, and the Defendant prepared a written consent to land use with the purport that the Plaintiff consented to the use of the land regarding the Defendant’s share in the access road

[Ground of recognition] The plaintiff et al. purchased land from the plaintiff for the purpose of housing for the following reasons: non-contentious facts; Gap evidence Nos. 1 through 4; and the ground for the claim of the entire argument.

The access road of this case is a place where the access road of this case serves as the access road of the above houses.

The Plaintiff, etc., who will use the access road of this case together, will build a house on each side of the land in the future.

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