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(영문) 춘천지방법원 2016.08.24 2015가합5736
사용료반환
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 a developer who constructs and sells a power-driven house, etc. on the ground of each land listed in attached Table 1 (hereinafter referred to as “instant forest”).

B. On September 26, 2005, the Plaintiff drafted a “written consent to the use of roads and land” with respect to the “road and land,” which is owned by the Defendant and Nonparty D, E (hereinafter “Defendant, etc.”) and the Plaintiff’s ownership of the Defendant, etc., for the construction of roads leading to the State-funded local highway C (hereinafter “C road”) from the instant forest land, as follows:

(hereinafter referred to as the “Agreement”). The consent to the use of the road and the land is to approve the use of the road and the land from the above real estate for the following 19 parcels for the purpose of the Plaintiff, J, K, and L, the Defendant, etc. (including roads connected to I) of the location of the real estate (to be used) by the Gangwon-gun, Hongcheon-gun, G, H land (including roads connected to I), and the Defendant, etc. of the said landowner, etc.

The contents of the attached Forms 4 through 10, 12 through 14, 19, and 52 of the land Gangseo-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 1, 7324 square meters of forest land 7324 square meters of forest land and 5245 square meters of forest land and 4543 square meters of forest land and 4543 square meters of forest land and 4543 square meters of forest land and 4567 square meters of forest land and 4086 square meters of forest land and 2434

1. The defendant, etc. shall consent to the use of roads and land for F, G, and H land only on the above twenty parcels, and shall not allow the use of other parcels of land;

(At the time of distribution, the consent is revoked and civil and criminal liability). 2. When violating the conditions on the above contents, the road and the land use permission shall be revoked.

However, since the amount of the right to use road (250,000,000) belongs to the defendant, etc., the defendant, etc. need not return the money.

All taxes incurred in relation to the price approved for the use of roads and land shall be responsible for and paid by the plaintiff, K, L, etc.

The defendant, etc. can be successful in cooperation with the above 20 lots of land owners K and L.

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