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(영문) 춘천지방법원속초지원 2020.06.02 2019가단755

토지통행권

Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall attach the attached Form 132 square meters among the miscellaneous land in Gyeyang Yangyang-gun, Gangwon-do to the plaintiff.

Reasons

1. Basic facts

A. 1) D completed the registration of ownership transfer on April 27, 1983 with respect to the land of 189 square meters in Gangwon-gun, Yangyang-gun, Yangyang-gun, and thereafter completed the registration of ownership transfer on April 27, 1983. The F land was combined with the said land, and finally, the land of 344 square meters in Gangwon-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, E

)가 되었다. 2) D는 이 사건 제1 토지 지상에 2005년경 철골조 콘크리트스라브지붕 2층 제2종근린생활시설 및 경량철골조 판넬잇기지붕 제2종근린생활시설 46.74㎡(이하 ‘이 사건 각 건물’이라 한다)를 각 신축하였으나 그 소유권보존등기를 경료하지는 아니하였다.

3) The Plaintiff purchased the instant land No. 1 and each building of this case in the voluntary auction procedure and completed the registration of ownership transfer on October 18, 2007, based on sale by voluntary auction. B. The land listed in Paragraph 1 of the Disposition No. 1 (hereinafter “instant land”) is adjacent to the instant land as in the cadastral map No. 1 (hereinafter “Attachment No. 2”). The land is adjacent to the instant land as in the cadastral map No. 1 as in the cadastral map. The land of this case is not immediately allowed to enter the instant land as a contribution, and the land of this case No. 1 is bound to pass through the Hanyang-gun G (the owner is the Republic of Korea; hereinafter “G land”) which is another land adjacent to or adjacent to the instant land No. 2.

2) After the construction of each of the instant buildings, D completed the registration of ownership transfer on December 29, 2005 with respect to the instant land No. 2 on the ground of sale and purchase on December 29, 2005. Since that time, D had been used for the purpose of access roads, finishings, parking lots, etc. to access the instant land No. 1 and its ground buildings. 3) Meanwhile, on July 31, 2007, as to the instant land No. 2, the ownership transfer registration under H was made again on April 5, 2016, and thereafter the ownership transfer registration was made in the name of I on May 13, 2016.