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(영문) 서울중앙지방법원 2015.02.06 2013가단5116178

주위토지통행권확인등 청구의 소

Text

1. The Defendants:

(a) The results of the cadastral status survey in the annexed Form 1 of the Seoul Jung-gu NTB shall also be within the boundary of the land.

Reasons

1. Basic facts

A. The Defendants are co-owners of the area of 1174 square meters and 26 square meters prior to N in Jung-gu, Seoul (hereinafter “Defendant’s land”), which is specified only as a lot number, which was divided from N to August 25, 201, and which was divided from O on September 26, 201 into one square meter prior to September 26, 201.

B. Plaintiff A owns Q265 square meters, Q265 square meters adjacent to N,O, P, and 75 square meters prior to R, Single 103 square meters (hereinafter “Plaintiff A-owned land”), and Q27.5 square meters on a cement tank and a single-story house (hereinafter “instant house”).

Plaintiff

B owned the Plaintiff A’s children, Q and S without permission of 53.1 square meters in Q and S (hereinafter “instant unauthorized building”).

C. However, the instant housing and the instant unauthorized building are actually connected to the NN land (hereinafter “N land before division”) before partitioning not only Q, R, S, but also O land (hereinafter “N land before partitioning”) (attached Form 2 description also connects each point of Q, R, and H, 32, 33, 34, 35, 36, 37, 38, 39, 26, 25, 24, 23, 22, and 31, and the Plaintiffs have operated a cafeteria with each other at the same time.

Plaintiff

A around 2008, by filing a lawsuit seeking the registration of ownership transfer on the ground that part of the N land was acquired by prescription against the Defendants, and winning part of the lawsuit, A acquired ownership of 24/32 shares out of the O land before division (P land before division; hereinafter “O before division”).

[Seoul Northern District Court Decision 2008Kadan30762 (Main Office), 200Kadan29592 (Counterclaim), 2009Kadan60388 (Counterclaim), and the final appeal was dismissed on May 26, 2011; hereinafter "prior lawsuit" or "prior judgment"). In the prior lawsuit, the Plaintiff occupied the entire building of this case and the Defendant acquired prescription against theO before division. However, the entire building of this case was affected by N prior to division.