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(영문) 춘천지방법원원주지원 2019.01.10 2017가단35297

주위토지통행권확인

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1. The Plaintiff:

A. The Defendants are the 167 square meters wide-gun E-road of Gangwon-do;

B. Defendant B and D are not less than 62m2 square meters on the F-gun of Gangwon-do.

Reasons

1. Facts of recognition as the basis;

A. The Plaintiff completed the registration of ownership transfer on September 15, 2003 under his/her name with respect to 5455 square meters of J-gun, Gangwon-do (hereinafter “Iri-gun”) on the ground of sale on September 17, 2003, and currently owns an unauthorized housing building on the ground.

Defendant B’s site, Defendant C’s site, and Defendant D own L site, respectively.

Defendant B, after the instant lawsuit was filed, divided part of M’s land, purchased from N, an existing owner, the size of which was 256 square meters prior to the divided H, and completed the registration of ownership transfer on or before March 29, 2018.

B. Defendant C completed the registration of ownership transfer in its name on November 10, 2008 on the ground of sale on November 5, 2008 with respect to E-road 167 square meters. A half of the above land was transferred to Defendant B throughO on July 20, 2012.

In other words, some of the shares in Defendant B (33/167 of the total land) were transferred to Defendant D through P and Q on May 31, 2016.

C. Defendant B completed the registration of ownership transfer on the 29th day of the same month on the ground of the donation from June 27, 2012 with respect to FF road 62 square meters, and Defendant B transferred 26/62 of the above land to Defendant D through P and Q to May 31, 2016.

E/F is currently being used as a sealed road, and in the middle of the road up to the G site on the F-road, iron, tin, pents, etc. are installed so that outside persons can not enter without permission. Of the G site, the attached reference also is installed within the “C” as indicated in the attached reference.

[Based on recognition] A. A. 1 through 2, 11, 17, 18, 19 et al. (including each item with a serial number; hereinafter the same shall apply) or images, G-gi 469 square meters in this court, E-road 167 square meters in size, and F-road 62 square meters in each field inspection result, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. Each land of the Plaintiff’s assertion E and F is already established in a long-term packing.