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(영문) 수원지방법원 평택지원 2018.10.04 2018가단50534
주위토지통행권확인 등
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 3, 2007, Pyeongtaek-si F Forest land was subject to registration conversion into G forest land 19,440 square meters on August 3, 2007, and was divided into G forest land 9,900 square meters and E forest land 9,540 square meters on the same day.

B. The land before subdivision was owned by school foundation H. The said divided G forest No. 9,900 square meters was completed on August 3, 2007 by I. On July 20, 201, the Plaintiff acquired ownership by purchasing it in the auction procedure for Gangseo, and on August 3, 2007, J completed the registration of ownership transfer on August 3, 2007, and acquired ownership by the Plaintiffs on April 25, 201.

C. On October 19, 2016, G forest 9,90 square meters was divided into G forest 956 square meters, K forest 29 square meters, L forest 8,915 square meters. On April 20, 2017, G forest 956 square meters was divided into 478 square meters, M forest 478 square meters, and K forest 29 square meters into 10 square meters and N forest 19 square meters.

At present, the Plaintiff is the owner of Pyeongtaek-si G forest, 478 square meters, 10 square meters of K forest, 8,915 square meters of L forest, 478 square meters of M forest, 19 square meters of forest, and 19 square meters of forest land (hereinafter “Plaintiff-owned land”). The Defendants are co-owners who own 9,540 square meters of Pyeongtaek-si E-si forest (hereinafter “Defendant-owned land”), and all the above land are adjacent thereto.

E. The land owned by the Plaintiff is surrounding the Defendants’ respective land north, east, and south to the south, and the land owned by the Plaintiff is adjacent to O, and each land owned by the Plaintiff is not a passage to the public road.

F. However, on the north side of each land owned by the Plaintiff, those parts of the Defendants, as described in Paragraph 1 of the main claim, are adjacent to the bb, c, c, div, and e (hereinafter “instant disputed land”), and are adjacent to the said disputed land (P; hereinafter “the instant meritorious service”).

G. The Defendants, within the dispute land of this case (the relation between each land owned by the Plaintiff and the land of this case), fall short of fences, such as the statement in paragraph 2 of the primary purport of the claim.

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