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(영문) 수원지방법원 2019.07.17 2018가단529154
토지사용승낙의사표시 청구의 소
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 Plaintiffs are co-owners of the land E of the 4,626m2 (hereinafter “E”).

(each 1/2 equity ownership). (b)

The Plaintiffs intended to conduct a project to create a detached house site (hereinafter referred to as “instant project”) on two parcels outside the E land.

On April 26, 2017, in order to secure access roads to the project site above, the Plaintiffs were approved by F Co., Ltd. (hereinafter referred to as “F”) for the use of the attached Form 1,660 square meters (hereinafter referred to as “the instant land”) among the following classifications: ①, ②, ③, ④, ④, ⑤, ⑤, and ④ the parts of “1” connected with each point in the order of order, and the use of the attached Form 33 square meters (hereinafter referred to as “the instant access road”).

C. On August 8, 2017, the Defendant purchased the instant land and its ground buildings and G land from F in the amount of KRW 2.2 billion in the price for the instant land and its ground buildings and G land in Young-gu, Young-gu.

(hereinafter “instant sales contract”). On September 29, 2017, the Defendant received the registration of ownership transfer from F for the instant land based on the said sale.

Plaintiff

On November 16, 2017, A Co., Ltd. obtained permission for the development of the instant project from the head of Yeongdeungpo-si Office.

On November 16, 2017, the head of Yeongdeungpo-si District Office designated and announced a part of the land including the access road of this case as the access road of the project site of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 4, and Eul No. 1, the purport of the whole pleadings

2. At the time of the conclusion of the instant sales contract, the Plaintiff asserted that, instead of deducting KRW 220 million from the purchase price, F obtained from the Plaintiffs, the Defendant agreed to consent to the use of the access road land in this case to the Plaintiffs as a cycle of consenting to the use of the access road land, the Defendant is obligated to express his/her intent to consent to the use of the access road land in this case.

However, the contract of this case is asserted by the plaintiff.

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