주위토지통행권확인청구
1. The part against Defendant G among the judgment of the first instance is revoked.
2. Defendant G is not less than 50 square meters in Namyang-si, Namyang-si.
1. Basic facts
A. On November 201, Defendant G purchased the ownership of 765 square meters in the Republic of Korea (hereinafter “Before subdivision”) at the auction procedure and acquired the ownership thereof.
On December 15, 2015, the land before subdivision was divided into 348 square meters in K, and on October 4, 2016, the land before subdivision was divided into 50 square meters in H field and 298 square meters in K, and on October 4, 2016, the land before subdivision was converted into 298 square meters in K field on October 4, 2016.
B. Defendant T is an owner of a R/W answer 526 square meters adjacent to the land of H and K, which is located between the land of Defendant G and the land of H, as shown in the attached Form.
C. Plaintiff A is the owner of 522 square meters in V, Plaintiff C is the owner of 5,104 square meters in W, and Plaintiff D, E, C, F, and B’s real estate register (related case No. 5-6, 2018 or 20524) is not registered as co-owner, but as Plaintiff D, E, C, C, and F, and B’s real estate register (related case’s District Court Decision 2018 or 20524). However, it is also deemed that Plaintiff D, E, C, and F, other than the above Plaintiff D, C, C, and F, were co-owners (1937 birth), Z (1960 birth birth), A (1958 birth birth), and thus, the purport of the entire pleadings is to be presumed to be the co-owner (the parties to the related case’s evidence No. 7, No. 2018 or 20524). B is presumed to be the co-owner, such as one heir (the parties).
On April 2009, Nanju City, at the time of the neighboring land including the land before subdivision, performed packing construction without the consent of some owners of the lots, including the owner of the land before subdivision.
On the road for which the packing construction was conducted at the time, the passage of the vehicle would be possible through the packing construction as a road connected to the part of the “passed circuit” indicated in the color, through the respective land of Plaintiff A, Plaintiff D, etc., Plaintiff C,O, and M (hereinafter referred to as the “instant status”), and it was a farmland that can only be seen prior to the packing construction.
D A C KO M PR Q
E. The registration of ownership transfer was completed on September 5, 2016 for the second floor of K and AB, and the registration of ownership transfer was completed on September 6, 2016 to Defendant G on September 8, 2016.