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(영문) 의정부지방법원 2015.04.23 2014가단114237
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of land D and E in Gangwon-do.

B. On March 29, 2013, the Plaintiff entered into a sales contract with the Defendants on the condition that the Defendants sell the land indicated in paragraph (3) of the attached Table 9,330 square meters and the land indicated in paragraph (3) of the attached Table, which was KRW 60 million prior to the division, to the Defendants (hereinafter “instant sales contract”).

C. The Plaintiff and the Defendants prepared “written consent to land use” and “written consent to joint use with roads” with the following content on the date of the instant sales contract.

Written Consent to Land Use

1. Location of a thing subject to a sales contract: In Gangwon-do F (forest land 9,30 square meters), G (former 1,868 square meters) and two parcels in total;

2. The location of land permitted to use the land: 1) The area of land D 1,278 square meters which is 3 square meters in 1,590 square meters in Seocheon-gun, Seocheon-gun, Gangwon-do.

3. The Plaintiff, while entering into a sales contract once, promises to accept the land use two times.

For all of the above things, when a registered titleholder other than Defendant B (Defendant B) exercises any act or right based on the building or other ownership, i.e., the owner of the land at once does not interfere with the exercise of rights and the smooth use of the land (e.g., construction authorization permission and permission, friendships, vehicle entry, etc.) but does not cause any interference with the act, the public law corresponding to the criteria for obtaining authorization and permission under the public law and the approval for land use in conformity with the legal requirements under the private law.

This is a civil liability so that it does not cause any trouble or disturbance in the payment due to the smooth performance of it.

The letter of consent for joint use of roads is marked as the Ycheon-gun, Seocheon-gun, Gangwon-do 683, Seocheon-gun, Incheon-do 1,590

1. In purchasing F and G land, the Defendants mutually consented to the common use of roads on the present status of the above lot number.

2. The Defendants are equivalent to the permitted area under the public law in the above land where the owner of the above land requires access roads due to the construction after the rent.

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