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(영문) 춘천지방법원영월지원 2017.10.18 2016가단12132

통행지역권설정등기절차 이행청구의 소

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1. The defendant shall be the plaintiff.

A. Of the size of 105 square meters in Gangseo-gun, Gangwon-do, the number of points indicated in the attached Form 2, 3, 4, 5, and 1 shall be in order.

Reasons

The summary of the parties' arguments is that the plaintiff, the defendant, and G are prepared as a penalty, and the plaintiff is "land owned by the plaintiff, the plaintiff, the defendant, and the plaintiff from the Donggwon H, G, which is "F large 268 square meters in Gangwon-gu".

The defendant is "the land owned by the defendant, which is not more than 105m2, 105m2, D, 254m2 and 74m2."

G is "I land less than 500 m20 m20 m20 m20 m20 m2 in Gangseo-gu, Gangwon-do."

A) The Plaintiff-owned land was donated or succeeded to. The Defendant and G set up an easement for the Plaintiff’s passage of 4 meters in total by 2 meters in the width of the land each donated or inherited to the Plaintiff at the time of the Plaintiff’s donation as a franchising. G performed this, but the Defendant did not implement it, and thus, the Defendant demanded the Defendant to implement the procedure for registration of establishment of easement for the land owned by the Defendant. The Defendant does not have consented to the establishment of easement. Even if the Defendant agreed to grant a franchising, this constitutes a verbal donation, and is thus rescinded under Article 555 of the Civil Act. The Defendant is obliged to implement the procedure for registration of establishment of easement for the Plaintiff’s right to land owned by the Plaintiff on April 6, 2016, based on the following circumstances comprehensively on the following facts: (i) the Plaintiff’s agreement to grant a franchising a franchising right.

① The Plaintiff, Defendant, and G are siblings.

The Plaintiff completed the registration of ownership transfer on October 31, 2012 due to the gift made by October 29, 2012, with respect to the land owned by the Plaintiff from the deceased He, referring, and the Defendant completed the registration of ownership transfer on October 5, 2016 due to the inheritance due to the consultation and division made on April 2, 2016, and the J, the spouse of G and G, as the spouse of G, completed the registration of ownership transfer on the land as of March 21, 2016.

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