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(영문) 대전지방법원 2020.02.12 2018가단216848

주위토지통행권 확인 등 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. G and H filed a lawsuit against H to the effect that the ownership transfer registration procedure for the termination of trust with respect to 1,565 square meters of the above forest 3,130 square meters was conducted on August 2, 1988. G to the effect that a judicial compromise between G and H was established on August 3, 2987, and that on August 3, 208, G to the Daejeon District Court received 31172 as of August 4, 1987. (2) G to the Daejeon District Court Decision 88Da5218, Daejeon District Court Decision 88Da5218, which was about 1,565 square meters of the above forest 3,130 square meters of the above forest 3,130 square meters of the above forest 3,130 square meters of the above forest 3,000 square meters, and that the judicial compromise between G and H and the Intervenor was established between G and K, and that the following content was prepared as a protocol of compromise (hereinafter referred to as “instant protocol”).

1. It is the Gu parcel number of "Seoul Metropolitan Government I" L, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Part (i) 1,565 square meters inboard which connects 3,130 square meters of forest land to each point in the attached Form 1,2, 3, 4, 5, 11, 12, 13, and 11 of the attached Table 3 shall be owned by H, and part (ii) inboard which connects each point in the attached Table 11, 5, 6, 7, 8, 9, 10, and 11 of the same drawings shall be divided into G, respectively.

2.H shall pay 416,300 won to G.

3.K shall deliver to G the part 1,565 square meters in part above (b).

4. The 15 square meters in rectangular part abutting on the line that connects the above (b) part of land to the line that connects each point of the annexed drawing Nos. 11, 5, 6, 7, and 18 shall be jointly used by H and non-party M, which shall also be effective to the above third party's successor.

5. Waiver of the remainder of G claims.

B. According to the instant protocol, the ownership of each land was divided into N on March 31, 200 into KRW 1,565,00 among KRW 3,130,000,000 in the 1,565,000,000,000. On June 13, 2003, the parcel number was changed to E in accordance with the registration conversion, and among which 18,000,000 square meters were divided intoO, the area was 1,547,00 square meters in the 1,547,00 square meters in the area (hereinafter referred to as “the land of this case”).

On the other hand, the ownership of the land No. 1 of this case is owned on the other hand.