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(영문) 서울동부지방법원 2016.06.21 2015가단34858

토지통행권확인 등

Text

1. The plaintiff

A. Defendant Republic of Korea shall indicate the Attached Form No. 25, 26.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry of Gap evidence 1 through 5, the result of an entrustment to an appraiser A by this court, the purport of all pleadings);

A. B, on the ground of the Seoul Special Metropolitan City Gwangjin-gu 221 square meters (hereinafter “instant land”), newly constructed a wooden tank and an extract assessment house of 12 square meters and 12 square meters and 3 square meters, one building, and the registration of initial ownership was completed on December 13, 1956, and D purchased the instant land and the previous buildings on August 28, 2003 and completed the registration of ownership transfer on October 1, 2003, and removed the instant previous building on December 20, 2007 and completed the registration of destruction on December 27, 2007.

B. E purchased the instant land from D on January 7, 2008 and completed the registration of ownership transfer on the same day, and donated the instant land to F on August 1, 2009 and completed the registration of ownership transfer on August 4, 2009.

Around that time, G building (referring to 31.32 square meters per floor of Class 1 neighborhood living facilities, 2nd floor, 34.61 square meters per 2nd floor, and 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 F on May 16, 2012, and completed the registration of ownership transfer on June 22, 2012.

C. On August 22, 1938, the land indicated in paragraph (1) of the attached Table List of Real Estate abutting on the instant land (hereinafter “the adjoining land”) was changed to the category of the road on August 22, 1938, as owned by the Defendant Republic of Korea. The land indicated in paragraph (3) of the attached Table Nos. 3 (hereinafter “ neighboring land”) is also owned by the Defendant Republic of Korea, and the land indicated in paragraph (2) of the attached Table Nos. 2 (hereinafter “ neighboring land”) abutting on the instant land adjacent to the neighboring land.

The land and buildings in this case are cut off by the Northwest, the southwest and the southwest are the site and fence of the H apartment and the wall of the elderly.