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(영문) 제주지방법원 2019.01.08 2017가단60187
소유권이전등기
Text

1. The Defendants are liable to the Plaintiff for each of the pertinent shares indicated in the attached Form of Inheritance Shares among the 337 square meters of 337 square meters before Seopo-si, Seopo-si.

Reasons

1. Facts of recognition;

A. 5147 square meters before Seopo-si, Seopo-si, J (hereinafter “J land before the instant subdivision”) was originally owned by K. L purchased L from K on December 23, 1975, and completed the registration of ownership transfer on December 24, 1975. Thereafter, upon L’s application, the said land was “J land after the instant subdivision.” The said land was divided into “J land after the instant subdivision.” On May 22, 1993, the land category was converted into an orchard and divided into “M land” on July 20, 195 and “M land” 337 square meters before Seopo-si, Seopo-si (hereinafter “instant land”). The said land division was completed by December 19, 1987.

B. N cultivated an orchard on the area of 3868 square meters of the O orchard owned by N, Seopo-si, Seopo-si. However, the said land cannot enter into a public road without going through J land and P land owned by the Defendant prior to the instant partition.

Therefore, in order to use the land as an access road to the above OM on October 8, 1974, N purchased the part of the land adjacent to the North and South Korea at the right edge of the above Q Q land on October 8, 1974. On April 30, 1976, J land and the land of this case after the division of this case were divided into the land part purchased on April 30, 1976 and completed the registration of ownership transfer for the above three co-owners on December 28, 1978.

C. Since April 30, 1976, N used the instant land that was directly adjacent to the public road from around April 30, 1976, as well as the instant land that was connected to the said land and the said O land that was cultivated by itself, as a passage road for the said O land, and died on June 5, 1980. The Plaintiff, the N whose father was succeeded to the said O land and cultivated the orchard, and until now used the instant land as a passage road for the above O land.

On the other hand, the land of this case and the J land after the division are installed at the height of 1.5 meters in the boundary around the time of division.

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