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(영문) 수원지방법원 2017.03.16 2015가단125100

토지인도

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land(the address prior to the change of the name of the administrative district is the Gyeonggi-gun H) of the wife population G (the address prior to the change of the name of the administrative district was before the land category) was constituted once at the time when I completed the registration of ownership transfer on January 25, 1989.

I divided the area of 1710 square meters before J in the above G land on February 5, 1996, and divided the area of 146 square meters before K on January 20, 1997 and the area of 1050 square meters before L.

At that time, I newly built each house on the J land divided as above with G land (G land, all of which was newly built) and constructed sperm on L land, and the packing work was conducted to use some of K land as a road.

B. Around that time, M land (the land category was previously used as a whole) adjacent to the south side of G land was constituted once more.

M At the time, M was a blind land, and N, the owner, was entering M land in the contribution to the north side of G land through the “agriculture” located at the right edge of G land.

However, as seen above, I newly constructed a house by dividing the G land, and N asks I to allow I to use the “farmer’s” part of the right edge of the G land as a passage to M land, and then, I would like to transfer to I the area corresponding to the above farm part in the part, which is between G and G among M land, due to their comments.

Accordingly, as seen earlier, I divided K land from G into a road and changed its land category into a road to use NN as a passage to M land. On the other hand, I newly constructed a house on G land and J land and built a new part of the land that is to be transferred from N as above, and he stored a stone axis by making it a specific boundary.

At the time, I was not able to complete the registration of ownership transfer with respect to the land portion that was to be transferred from N, and on the other hand, K land is still under the name of I.