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(영문) 춘천지방법원영월지원 2020.11.11 2019가단11734

통행권확인

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 18, 2010, Plaintiff A completed the registration of transfer of ownership on the ground of sale with respect to the land of 18,430 square meters (hereinafter “instant G”) located in Gangwon-gun, Gangwon-do.

Plaintiff

B on December 30, 2010, the registration of ownership transfer was completed on the ground of sale with respect to 7,167 square meters prior to H (hereinafter “instant H land”).

B. On May 2019, Plaintiff C is a person who has obtained permission to excavate forest products with respect to 70,000 square meters among 116,926 square meters of forest land in Gangwon-gun, Gangwon-gun (hereinafter “instant I land”), which is located within 116,926 square meters of Gangwon-gun (hereinafter “instant I land”).

C. At around 2019, Plaintiff D applied for permission for solar power generation projects to the Haw line-gun.

Plaintiff

D purchased the instant G land from the Plaintiff on April 3, 2019 for solar power generation projects, and paid the said Plaintiff KRW 30 million as the down payment on the same day. On April 4, 2019, Plaintiff B purchased the instant H land from Plaintiff B in the price of KRW 130 million and paid the said Plaintiff KRW 10 million as the down payment on the same day.

In addition, on March 29, 2019, Plaintiff D purchased K forest land of KRW 5722 square meters (hereinafter “instant land”) from J, and paid KRW 22.5 million to J on the same day as the down payment. On April 5, 2019, Plaintiff D purchased KRW 100,083 square meters before M from L to KRW 210,000,000 for the same day, and paid KRW 21 million for the same day as the down payment. On April 5, 2019, Plaintiff D purchased KRW 10,774 square meters before O from N to KRW 220,000 for the same day, and paid KRW 22 million for the same day as the down payment.

On the other hand, on December 27, 2019, Plaintiff D purchased 4,998 square meters prior to P from J (hereinafter “instant P”) and Q 1,921 square meters prior to Q. (hereinafter “instant Q land”) respectively, and completed the registration of ownership transfer in the said Plaintiff’s name on January 6, 2020.

On the other hand, on May 17, 2019, the Defendant is deemed to be the “instant F land” with the size of 17,653 square meters or less in Gangwon-gun, Gangwon-do.