소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 24, 2015, the Plaintiff: (a) purchased a building of 3, D, and E, 278 square meters, 48 square meters, 188 square meters, E, 17 square meters, 7 square meters in F, and 7 square meters (the land category is changed to a road on March 14, 2016); and (b) completed the registration of ownership transfer on November 2, 2015; and (c) combined the said land of 3, D, and E with the land of 483 square meters.
From November 27, 2015, the Plaintiff newly constructed a multi-family house with the fourth floor on the above land from November 27, 2015, and completed registration of ownership preservation on May 10, 2016.
The Defendant is the owner who acquired ownership of each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) adjacent to each of the above land owned by the Plaintiff on August 2, 1969.
The above real estate owned by the Defendant and G-7 square meters owned by the Daegu Metropolitan City (breadth 4m, length 190m) are the only way to contribute from each of the above land and the above ground buildings owned by the Plaintiff.
The above real estate owned by the defendant and the above real estate owned by the Daegu Metropolitan City are offered to the general public as a public road.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, entry of Eul evidence of subparagraphs 1 through 6, purport of whole pleadings
2. Judgment on the main defense of this case
A. The Defendant, including the Plaintiff, provided any rent for the neighboring residents of each of the instant real estate as a passage to the public for the purpose of contributing each of the instant real estate, without claiming any rent, and there is no way to obstruct its passage.
Therefore, the lawsuit of this case against the defendant for the confirmation of the right to passage over the surrounding land without compensation and the prohibition of disturbance is unlawful as it does not need to be claimed in advance.
B. In a lawsuit seeking confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is in dispute between the parties as to the legal relationship that is the subject matter, and thereby there is apprehension and danger of the Plaintiff’s rights or legal status.