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(영문) 서울고등법원 2015.05.27 2015나2010460

통행권확인등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On January 5, 2010, the Plaintiff purchased the pertinent land on September 15, 2010 and acquired the ownership of D land in the auction procedure (Government District Court E) for exercising the security right (hereinafter “D land”) commenced on January 5, 2010, with respect to D land owned in Yangju-si Co., Ltd.

B) On September 6, 2010, G purchased B land on August 11, 201, at the auction procedure (the Government District Court F) for the execution of the security right, which was commenced on September 6, 2010, with respect to gallon Co., Ltd., Ltd. (hereinafter “B land”), and G completed the registration of ownership transfer on October 18, 201 on September 15, 201, after selling B land to Thai C&S Co., Ltd., Ltd., and the Defendant purchased B land from Taesung F&S on June 10, 2013, and completed the registration of ownership transfer on July 22, 2013.

Consolidatedly, on April 16, 2012, the Defendant purchased C-road 705 square meters (hereinafter referred to as “C-land”) in Yangju-si owned by Gyeonggi Resources Co., Ltd. and completed the registration of ownership transfer on the same day.

enrollment is the land owned by the Republic of Korea, which is the land owned by the Republic of Korea in Yangju, adjacent to C land, H miscellaneous land 9,877 square meters, which is currently occupied by the Korean Animal Rescue Association.

B. Under the cadastral map (attached Form 3), the land registration map of the relevant land (attached Form 3) appears to have been connected to C, which is a road. However, the fence (hereinafter “instant fence”) is installed in the part connected in the order of each point indicated in the attached drawing Nos. 1 through 17, and the part connected in the order of each point indicated in the attached drawing Nos. 2, 8 through 17, is installed on the retaining wall of approximately 1 to 3 meters (the part connected in the order of each point indicated in the attached drawing Nos. 2, 8 through 17, is installed on the retaining wall of about 1 to 3 meters), and the part indicated in the attached drawing Nos. 2, 2, in the part “BB”, a water tank, 2, 3, and 2, and the part “A” indicated in the attached drawing Nos. 2, respectively.

Therefore, they are all.