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(영문) 대구지방법원경주지원 2017.04.06 2015가단12744
토지사용승낙 등
Text

1. Defendant D applied for a building permit on each real estate listed in the separate sheet for the racing market by the Plaintiffs.

Reasons

1. Basic facts

A. Defendant D owned approximately 36,745 square meters of forest land, including G 49,930 square meters of forest land, G 49,930 square meters prior to the division (hereinafter “G 30 square meters prior to the division”); hereinafter, Defendant D owned approximately 36,745 square meters of forest land, including a lot or a lot.

B. Around September 8, 1998, received on September 8, 1998, H had established a superficies (hereinafter “the superficies of this case”) with “the ownership and scope of trees for the purpose” as “the entire possession and duration of the G forest before division, 30 years from September 7, 1998, the contract date, and 30 years from the land rent free of charge,” and thereafter Defendant E Co., Ltd (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) transferred the superficies of this case from H who was appointed as the representative of the Defendant Co., Ltd. and completed the registration of transfer on February 21, 2002.

C. Around September 2005, Defendant D agreed to sell part of the above forest land to a third party and pay 2.4 billion won to Defendant D with the purchase price, at the expense, to transfer the ownership of the remaining forest land not sold among the above forest land to I.D.

Defendant D was divided into J, K, L, F, M, and N in part of G forest owned by Defendant D for the convenience of sale under the above agreement.

E. On December 10, 2005, Plaintiff A purchased 10,471 square meters of O forest, Plaintiff A’s mother, Plaintiff B, on December 10, 2005, 9,620 square meters of L forest, and Plaintiff A’s father, the father of Plaintiff A purchased 3,967 square meters of K forest, 7 December 2006, respectively, from Defendant D.

F. On December 8, 2006, the day after the Plaintiff et al. purchased all the said forests and fields, F forest land 1,796 square meters (hereinafter “the instant forest”) was owned by Defendant D as part of the G forest land before subdivision. Defendant D completed the ownership transfer registration for shares of 2/7 shares among the instant forest land on December 8, 2006 with respect to shares of 1/7 shares for each of the instant forest land to the Plaintiff A, on the grounds of Q (the owner of J), R (the owner of S), Plaintiff B, and Plaintiff C, and the shares of 1/7 were left as owned by Defendant D.

(g)the above donation;

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