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(영문) 제주지방법원 2014.12.02 2013가단14360

통행권 확인 등

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1. It is confirmed that the Plaintiff (Counterclaim Defendant) has the right to pass the road E on the road of 5,638 square meters in Jeju.

2...

Reasons

1. Basic facts

A. On June 9, 1997, F acquired the ownership of a forest land of 73,298 square meters (hereinafter “instant land before the instant partition”) in Jeju-si, Jeju-si (hereinafter referred to as “instant land”) and prepared a plan to divide the instant land into a housing site and sell it to the said three owners (hereinafter “L members”) by making L, composed of those who want to purchase the instant land before the instant partition, such as I, J, and K, as a building owner, to perform the construction of L Housing Complex Infrastructure Construction (hereinafter “instant construction”).

B. Around July 1, 1999, F and L Members displayed the said plan for the division of the site to those who want to purchase the land before the instant partition, and due to the purchaser’s sharing of the construction cost of the instant case, and the result of the division of land, the E-Road 5,638 square meters (hereinafter “the instant road”) intended to contribute to Jeju Special Self-Governing Province after having shared the purchaser’s sharing of the land and to contribute to the said Special Self-Governing Province. As F and L members and actual buyers of the instant road refused to accept the donation of the instant road on the ground that Jeju Special Self-Governing Province did not want to bear the cost of road maintenance and management, they agreed to title trust the instant road to M, which is an agent of J.

C.F entered into contracts with the N 20 (N 1,819/29,O 73,637/298, I 73,73,298/1,80, M 73,298/298, Q 73,828/306, R 73,306/298, S 306/308, S 733,73,73,298/37,398/7, and 2,37/298/298 of the land before the split-off. < Amended by Act No. 3047, Mar. 7, 2006; Act No. 3047, Mar. 7, 297; Act No. 3073, Mar. 30, 297; Act No. 5553, Mar. 29, 207; Act No. 5573, Mar. 29, 2007>

F. F. F. F. July 199