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(영문) 수원지방법원 2016.04.14 2015가단101395
요역지지역권 말소의 회복등기 등 청구
Text

1. The Plaintiff:

A. Defendant B shall be the Incheon District Court's reinforcement registry office with respect to each land listed in the separate sheet 1 and 2 attached hereto.

Reasons

1. Facts of recognition;

A. D, 505m2, 505m2, 500,000,000,000,000 m2,000,000,00

Land D before subdivision is connected to the southwest, as seen in the cadastral map (part) of the attached Form 1, and the land listed in the attached Table 1 is connected to the land listed in the attached Table 2. The land listed in the attached Table 1 is connected to the land listed in the attached Table 2. In order to pass through the “Edo” (see the attached Form 2 land use planning confirmation drawings) which is a road from the land located in the Gu before subdivision, the land must undergo each land listed in the attached Table 1 and 2, which is adjacent to the “E

Accordingly, according to the Plaintiff’s request to Defendant B related party, each land listed in the attached Tables 1 and 2 on April 26, 2010, as the Incheon District Court’s reinforcement registry office received on the same day, the purpose of the land is “passing and leaving-out” as “passing and leaving-out,” and the scope of the land was “10 square meters on the northwestwest” and “30 square meters on the northwestwestwest,” and the registration of the establishment of easements on the (subentent) land was completed.

B. On April 2014, in order to construct a building on the D land before subdivision, the Plaintiff agreed with Defendant B, instead of having approximately 40 square meters of the D land before subdivision to Defendant B, the part from Defendant B’s land before subdivision to “Edo” (the part establishing the easement as above) among the lands listed in the attached Tables 1 and 2, which was used as the passage of D land before subdivision.

However, as the minimum limit on the size of subdivision prescribed by the relevant laws and regulations came to place, the Plaintiff divided approximately 60 square meters out of the D land before subdivision and transferred it to Defendant B. Accordingly, on June 24, 2014, the Plaintiff divided D land before subdivision into the land indicated in the attached Table 3, which was located in Incheon-gun, Incheon-gun (hereinafter “D land after subdivision”) and the land indicated in the attached Table 3.

As such, the land listed in the attached list 3 is transferred in consideration of the passage route of the building to be newly constructed on the D land after division, and is therefore subject to the attached Form 1.

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