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(영문) 대전지방법원 천안지원 2018.11.21 2018가단106117
토지사용승낙의사표시
Text

1. The Defendant expressed his/her intent to the Plaintiff to use the C. C. 768 square meters on the road in Ansan-si.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the cause of claim

A. 1) On April 26, 2013, the Plaintiff and the Defendant specified the land of 26280 square meters among the 46164 square meters of Asan-si D Forest owned by the Defendant (hereinafter “the same Ri”) as the parcel number.

2) The sales contract to purchase (hereinafter “instant sales contract”) is called “the sales contract.”

A) The Plaintiff and the Defendant concluded the instant sales contract. The Plaintiff and the Defendant agreed that “the existing roads and the newly constructed roads grant the Plaintiff a written consent for use. If the Defendant does not give his written consent for use, the Defendant shall be liable for civil and criminal liability” (hereinafter referred to as the “instant special agreement”).

(2) On July 26, 2013, E forest land was divided into KRW 26280 square meters (hereinafter “instant land”) in D forest land. As to E forest land, registration of ownership transfer was completed on September 13, 2013.

3) On May 8, 2018, F forest land was divided into 802 square meters and G forest land 4100 square meters in E forest land. 4) The C-road 768 square meters adjoining the instant land (hereinafter “instant road”) is the land category before the instant contract was concluded, and is owned by the Defendant.

[Ground for Recognition: Unsatisfy, Gap 1-Nos. (including paper numbers)]

B. According to the above facts, the defendant is obligated to express his/her consent to use the road of this case in accordance with the special agreement of this case, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. As to the assertion that the instant special agreement is limited only once, the Defendant concluded a sales contract for the instant land where the instant special agreement was blind, and agreed only once to consent to the use of the instant road. On September 13, 2013, the Plaintiff agreed to establish a mushroom plant, thereby allowing the Plaintiff to approve the use of the instant road in accordance with the instant special agreement, and on May 10, 2017, the instant special agreement did not take many circumstances into account.

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