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(영문) 대전지방법원공주지원 2019.02.21 2018가단434

주위토지통행권확인 등

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1. The defendant shall be the plaintiff.

A. Of the land size of 1,441 square meters prior to C in public cities, each point is linked to the indication 1,43, and 42 of the attached drawing.

Reasons

1. Basic facts

A. On December 16, 2002, the Plaintiff purchased F. 560 square meters (hereinafter “Plaintiff’s land”) from E on December 16, 2002, and completed the registration of ownership transfer on December 17, 2002. On July 18, 2006, the Plaintiff purchased the above ground building from E and completed the registration of ownership transfer on July 26, 2006.

B. On June 9, 2017, the Defendant purchased 1,441 square meters (hereinafter “Defendant’s land”) from G to the Plaintiff’s land and completed the registration of ownership transfer on July 26, 2017.

C. The Plaintiff’s land is surrounded by the Plaintiff’s land and the Defendant’s land, 2,684 square meters, 559 square meters prior to H, 648 square meters prior to I, J 415 square meters, and 90 square meters prior to K road, and 1,150 square meters prior to L. D land is owned by M. and cultivated as rice. H land is purchased from O on January 21, 2010 and completed the registration of ownership transfer on January 25, 2010, and there is a building on the land.

I and J each land is purchased from O on August 4, 2014 and completed the registration of ownership transfer on August 7, 2014, and there is a building on that ground. K and Q land purchased from E on March 28, 2007 and completed the registration of ownership transfer on March 29, 2007, and there is a building on that ground.

From among the Defendant’s land, the water supply and drainage officers leading to the Plaintiff’s land in order to each point of (B) part 35 square meters and D 2,68 square meters and each point of (b) part 1, 2, 3, 42, 43, and 16 square meters in order to connect each point of (b) part 1, 2, 3, 42, 43, and 16 square meters in attached Form 44, 45, 46, 41, 3, 2, 1, and 444 square meters are laid underground.

[Ground for recognition] A without dispute, Gap evidence Nos. 1 through 5, 8, 10, 14 (including each serial number in the case of provisional serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the result of the survey appraisal conducted on December 19, 2018 by the official branch office of the Korea Land Information Corporation, the purport of the whole pleadings.

2. Judgment on the main defense of this case

A. The defendant's assertion is about the land of this case including part of the land of this case with the defendant's land.