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(영문) 서울중앙지방법원 2020.02.19 2018가합543067

통행권확인

Text

1. The Defendants confirm that they have the right of passage to the Plaintiff with respect to the area of 9.1 square meters in Gangnam-gu Seoul Metropolitan Government.

2. The defendants shall.

Reasons

1. Basic facts

A. The Plaintiff is a person who owns 40/100 shares of Gangnam-gu Seoul Metropolitan Government Ega 176.7 square meters (hereinafter “Plaintiff’s land”), and the Defendants owned 1/2 shares of 40/100 shares of the Plaintiff’s land adjacent to the Plaintiff’s land (hereinafter “instant land”).

B. The Plaintiff’s land and the instant land divided 1) the network F (hereinafter “the network”).

Around February 2, 1970, the instant land and its adjacent land were purchased, and around April 2, 1974, the said land was G, H, and I (hereinafter “I land before subdivision”).

(2) On May 9, 198, the deceased divided the land into J, K, L, M, and N into the land before the subdivision (408.8m2), ① I land (223m2, hereinafter “I land after subdivision”), ② the Plaintiff’s land (176.7m2, and ③ the instant land (9.1m2), and subsequently sold the Plaintiff’s land to O on the same day, and Q, respectively, on the same day. < Amended by Act No. 317, May 12, 198; Act No. 3178, May 12, 198; Act No. 3090, May 12, 198.

3) While the instant land remains as owned by the Deceased, the ownership was transferred to the Defendants on October 22, 2012 due to inheritance due to the division between May 20, 2012 after the Deceased’s death and May 20, 2012. C.O sold the Plaintiff’s land to R around May 2, 2015, and R completed the registration of ownership transfer of the Plaintiff’s land around June 26, 2015.

2) The Plaintiff purchased the Plaintiff’s land from R on March 13, 2018, along with ASEAN, around March 13, 2018. On March 28, 2018, the Plaintiff completed the registration of ownership transfer with respect to 40/100 of the Plaintiff’s land, and S, with respect to 60/100 of the Plaintiff’s land among the Plaintiff’s land. [Grounds for recognition] There is no dispute, and Party A’s evidence of subparagraphs 1 through 6 (including each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Summary of the parties' arguments;

A. The land of this case, which is being utilized as a road having access to a public road, may be free of charge to neighboring residents or the general public.