지역권설정등기청구
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
1. On June 19, 2007, when selling land to I on June 19, 2007, the Plaintiffs agreed to set the easements on the land indicated in the separate sheet No. 1 for the land remaining as owned by the Plaintiffs. The Defendant paid KRW 1 billion to I and succeeded to the status of the purchaser of I.
Since the defendant agreed on the establishment of servitude with the plaintiffs or succeeded to the I's obligation to register the establishment of servitude, it is obligated to implement it as stated in the purport of the claim to the plaintiffs.
2. Facts of recognition;
A. The plaintiffs are co-owners of approximately 8,926 square meters of forest E in Incheon, Incheon, Incheon, E, and 8,926 square meters (around 2,700 square meters or L, respectively divided into F or L on May 13, 2008). On June 19, 2007, upon the defendant's introduction, the plaintiffs sold 2200 square meters of the above E forest to I at KRW 51,000,000, but I agreed to resolve access roads for the remaining 500 square meters (attached Form 2) for the plaintiffs.
I, with respect to the above 500 square meters, draw up a letter that the access roads abutting on the main access roads are divided into a range of leap until the balance is reached.
B. There is a dispute between I and the plaintiffs due to the establishment of the above access road, provisional disposition and provisional seizure made by the plaintiffs' creditor.
In order to solve this problem, the plaintiffs sold 2,200 square meters out of the above E forest land to I and their wife N, but set forth the following special terms:
(However, the date of its preparation was retroactive to June 19, 2007). The buyer is the N-owned by the seller, and the buyer is the cycle of establishing the traffic zone on the land of Incheon-do M&, Incheon-do adjacent to the above E forest and land.
After solving the road, the seller registers the inheritance and transfers the registration to the buyer or any person who desires by the buyer.
The seller recognizes that the buyer succeeds to the O (the enterprise operated by the defendant) or the defendant.
C. On August 21, 2009, the plaintiffs and I have all necessary authority (including the authority to receive the price) to sell land owned by the defendant from J or K (LL access roads).