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(영문) 수원지방법원 2020.11.26 2019가단26195

주위토지통행권확인

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The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Attached 2 Map 7, 8, 21.2, among the area of the wife population C, the area of which is 770 square meters prior to Yongsan-si.

Reasons

1. Basic facts

A. On December 27, 1993, the land size D 283 square meters of land in the wife population D 2833 square meters was divided into D forest land 2738 square meters and E forest land 95 square meters (hereinafter “E land”). On November 4, 1994, D land was divided into D land 1284 square meters (hereinafter “D land”) and F forest land 1454 square meters (hereinafter “Plaintiff’s land”).

B. G (2703/283 shares), H (63/283 shares) and I Union (63/283 shares) owned a partition of co-owned property. G filed a lawsuit seeking partition of co-owned property. On May 13, 1993, G owned a 2738 square meters of D forest and land prior to partition, and H and I Cooperatives owned a e-owned land. Reconciliation was conducted by G and I Association as it owned a 2738 square meters of land prior to partition.

(Seoul Western District Court 93Ra2684). The owners on the register of E land are H(63/283 shares), J(63/283 shares, I Association and K)(2703/283 shares) and G(2703/283 shares).

C. As to the Plaintiff’s land of this case, the Plaintiff completed the registration of transfer of ownership on September 30, 2005, 190321, which was received on September 30, 2005, due to sale. D.

The defendant completed the registration of transfer of ownership on the ground of sale on December 7, 2005, No. 226099, which was received on December 7, 2005, with respect to the land and buildings on the land (hereinafter “the defendant’s land”), D’s land, and its ground (hereinafter “the defendant’s land”).

E. On the west side of the Plaintiff’s land, E and the instant Defendant’s land are connected, and D land is connected to the south side of the Plaintiff’s land, and D land is connected to the lower side of the instant land. The Defendant’s land is connected to D land.

In order to enter the Plaintiff’s land as a public figure, it is necessary to pass through the 3rd part of the ship, which connects each point of the attached Form 7, 8, 32, 26, 25, and 7 among the land or the Defendant’s land of this case, the 13rd part of the 3rd part (hereinafter “3rd part”) connected in sequence.

F. From December 7, 2005, the defendant cultivated the land of this case as a garden while residing in the ground building D with the wife population in Chungcheongnam-si.

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