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(영문) 서울중앙지방법원 2014.07.17 2012가합84900
손해배상
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 11,33,33, and each of them, from April 25, 2014 to July 17, 2014.

Reasons

1. Basic facts

A. The network D’s loan agreement and inheritance relationship 1) The network D (hereinafter “the network”)

(E) Before 2002, Kimpo-si 9,460 square meters (hereinafter referred to as “E”) before Kimpo-si

(F) 16,022 square meters prior to F (hereinafter “F”)

(A) G forest land 476m2 (hereinafter “G”)

(2) The Deceased died on November 9, 2007, and Defendant C and H, I, J, K, and L, as his wife, jointly inherited the property of Defendant C and H, I, K, and L deceased.

B. A consent agreement between the deceased and the plaintiff on road use 1) The plaintiff is 59,306 square meters of Mapo-si in Kimpo-si in the vicinity of E and F (hereinafter "M").

In order to secure access to the above land, the deceased sought consent to the use of the above land as access roads after executing the construction work to expand the non-explosives, which existed on E and F ground, to the deceased. 2) On October 21, 2002, the deceased agreed to the Plaintiff’s consent to the use of E and F land and to receive KRW 100,000,000 from the Plaintiff in return for that consent. The Plaintiff prepared a written consent to the use of the road and received KRW 100,000 from the Plaintiff (hereinafter “instant consent contract”) and received KRW 10,00,000 from the Plaintiff.

The letter of consent to the use of roads E and F pack the current roads with eight meters, laid concrete pipes on the N(LL) in Kimpo-si, and consented to the joint use of ML access roads by packaging eight meters of the roads, and in the future, consent is given so that it can continue to be used at the time of changing E and F rental rights. The plaintiff, as stipulated in the letter of consent to the use of roads in this case, implemented the construction of roads on E and F ground to expand the width of the non-packaged road to eight meters, and sub-sub-sub-subcons.

However, on November 15, 2002, Kimpo-si President Kimpo-si's instruction is given by the deceased and the plaintiff.

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