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1. The defendant shall give the plaintiff a written consent to the use of land in D with respect to the land of 15,373 square meters of land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Basic facts
A. The Defendant owns a forest E- 15,762 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-do, and the said forest is a blind land with no access road connected to the meritorious service.
(hereinafter referred to as “Fri” is located in the Fri-gun, Chungcheongnam-do. Thus, when indicating the location of the relevant forest, the Defendant need to open access roads to C forest land owned by D adjacent to the said forest land (hereinafter “instant forest land”).
B. Meanwhile, the Plaintiff asserted that the Plaintiff invested in Company G and incurred damages, and filed a lawsuit seeking damages against Company G, etc. as Seosan Branch of the Daejeon District Court 2016Kahap5020, and an agreement was concluded between the Plaintiff and Company G, etc. during the said lawsuit.
Of them, the part related to the instant case is that G grants the Plaintiff the right to use the instant forest with the consent of D, so that the Plaintiff may use the instant forest as access road and receive the fees for its use from the Defendant, and that G shall transfer to the Plaintiff the claim amounting to KRW 120,000,000, which it holds against H, the Defendant’s representative.
The forest land of this case was originally owned by G Co., Ltd. and D purchased at the auction procedure.
C. According to the above agreement, the Plaintiff was authorized to use the forest of this case from D, and the content of the agreement signed between the Plaintiff and D as of October 2016 is as follows.
I would like to revise some expressions as the context requires. D on road use authority agrees to grant the Plaintiff the right to use part of C forest land (the instant forest land) in order to secure access roads to the E forest owned by the Defendant.
Provided, That with respect to the right to use C forest, the Plaintiff may use the authority only for the same development project, such as housing, etc. in progress with the authorization and permission granted by D.
other.