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(영문) 서울동부지방법원 2015.01.21 2014나20099

토지통행권확인 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged based on Gap evidence 1-1, 2, 2, 3, 4-1, 2, 3, 5-5, 6-1, 2, 3, 7, 8-3, 7, 8-5, 3-1, 3-2, 5-5, 5-1, 5-2, 5-1, 5-3, 5-2, 5-1, 5-3, 5-2, 5-1, 5-2, 5-1, 5-2, 5-2, 1, 5-2, 5-3, 5-2, 1, 5-2,

I newly constructed a wooden boat and an extract assessment house on the ground of 221 square meters in Seoul Special Metropolitan City, Gwangjin-gu (hereinafter “instant land”), 12 square meters, 12 square meters, 12 square meters, 13 square meters, 1956, and completed the registration of ownership preservation on December 13, 1956. After doing so, A purchased the instant land and previous buildings on August 28, 2003 and completed the registration of ownership transfer on October 1, 2003, and removed the previous building on December 20, 2007 and completed the registration of destruction or loss on December 27, 2007.

B. After purchasing the instant land from A on January 7, 2008 and completing the registration of ownership transfer on the same day, J donated the instant land to D on August 1, 2009 and completed the registration of ownership transfer on August 4, 2009.

Around that time, E building (referring to 31.32 square meters per floor of Class I neighborhood living facilities, 2nd floor, 34.61 square meters per 2nd floor, 9.75 square meters per 9.75 square meters per 2nd floor; hereinafter “instant building”) was newly constructed on the land outside of the instant land, and registration of preservation of ownership was completed on August 4, 2009.

The Plaintiff purchased the instant land and buildings from D on May 16, 2012, and completed the registration of ownership transfer on June 22, 2012.

C. The land indicated in paragraph (1) of the attached list of real estate adjacent to the instant land (hereinafter referred to as “refinite land”) was changed to the category of the road on August 22, 1938, as owned by the Defendant Republic of Korea. The land category was changed to the road on August 22, 1938, in sequence below the land indicated in the attached list Nos. 2, 3, and 4, adjacent to the instant land.