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(영문) 울산지방법원 2015.03.19 2014가합17479
도로점용허가권승계신고절차이행청구의소
Text

1. The defendant shall report to the plaintiff the right to occupy and use the road stated in the attached Form.

Reasons

1. Determination as to the cause of claim

A. 1) On April 15, 2009, the Defendant: (a) on April 15, 2009, from the head of the Busan Regional Construction and Management Administration, the head of the Busan Regional Construction and Management Administration, the 502 square meters of the five lots of land outside

(2) On April 15, 2009, the Plaintiff entered into a contract with the Defendant for the transfer of rights and obligations with respect to the instant land (hereinafter “instant transfer contract”). Around May 2013, the Plaintiff entered into a contract with the Defendant for the transfer of rights and obligations with respect to the instant land (hereinafter “instant transfer contract”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to perform the procedure for reporting the succession of rights arising from the permission to occupy and use the land of this case as stated in the separate sheet according to the transfer contract of this

2. Judgment on the defendant's assertion

A. The gist of the argument is that the plaintiff requested the defendant to approve the use of the land of this case for the construction of housing and that the defendant accepted it. The defendant does not consent to use the land of this case for the plaintiff's permission to construct the gas station. The plaintiff deceiving the defendant and let the representative director of the defendant affix his seal to the transfer contract of this case and deliver his certificate of the personal seal impression to the plaintiff. The defendant revoked the transfer contract of this case concluded by the plaintiff's deception.

Therefore, the Defendant is not obligated to perform the procedure for reporting the succession of rights due to the permission to occupy and use the attached list.

B. In full view of the purport of the entire pleadings, it is reasonable to deem that the Defendant granted the right to conclude the instant transfer contract by leaving the Defendant’s representative director’s seal impression and seal impression affixed to the Plaintiff, and that the Defendant submitted the Defendant.

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