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(영문) 창원지방법원마산지원 2014.04.02 2013가단11624

통행권확인청구의소

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1. The plaintiffs indicated in the annexed map No. 5, 6, 7, 8, 9, 10, 11, 17, 16, 15, 14, 13, 12.

Reasons

1. Basic facts

A. On March 8, 2011, G forest 8,818 square meters (hereinafter “F forest”) was divided into F forest 2,413 square meters (hereinafter “G forest”). On the same day, H forest 29,851 square meters (hereinafter “H forest before the division”) was divided into H forest 2,740 square meters (hereinafter “I forest”) from H forest 29,851 square meters (hereinafter “H forest before the division”); H forest after the division was divided into H forest 2,740 square meters (hereinafter “H forest”).

B. The Defendants shared the G forest land in 1/2 shares before the division. On June 2, 2010, the Plaintiff entered into a contract with the Plaintiff B to sell KRW 1710 square meters of G forest land in KRW 100 million before the division. On March 7, 2011, the Defendants entered into a contract with the Plaintiff for selling KRW 65 million of G forest land in KRW 711 square meters to the Plaintiff B, and entered into a contract for selling KRW 39.3 million of the price to the Plaintiff, and entered into a contract for selling KRW 71 square meters of land in KRW 39.3 million in the sales contract.

On March 8, 2011, the part purchased by Plaintiff B and C, among G forest land before subdivision, divided into F forest land with the size of 2,413 square meters, including the part purchased by Plaintiff B and C, and the registration of partial transfer of ownership was made on March 30, 201.

C. Before the division, J concluded a contract with the Plaintiff on June 3, 2010, to sell KRW 2740 square meters of the price to the Plaintiff A for KRW 122,420,000,000.

On March 8, 2011, the part purchased by Plaintiff A among H forest land before subdivision was divided into I forest land and thereafter the ownership transfer registration was made on March 28, 201.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 7, 9, 10 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiffs asserted that part of H forest and part of G forest and part of G forest that was partially purchased before the subdivision and that was later divided into F, are included in the part of “bbb” in line with each point of 523 square meters, which was not sold to the Plaintiffs, among the part of G forest and forest that were partially divided into F, before the subdivision into forest and forest (hereinafter “b” in the attached Form 5, 6, 7, 8, 9, 10, 11, 17, 16, 15, 14, 13, 12 and 5.