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(영문) 대전지방법원공주지원 2016.11.24 2014가단3220
주위토지통행권 확인 등
Text

1. The Defendant shall in turn order each point of the attached Form 18, 19, 27, and 18, among the land size of 818 square meters in the city of official residence, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 15, 1997, the Defendant acquired the ownership of CJ 818 square meters (hereinafter “instant land”).

B. On June 17, 2014, the Plaintiff acquired ownership on the ground of voluntary auction with respect to D & D 565 square meters (hereinafter “the Plaintiff’s land”) on the ground of the sale of the Plaintiff’s land, and thereafter purchased approximately KRW 70 square meters per one unit of the Plaintiff’s housing on the ground of the instant land.

C. The current status of the Plaintiff’s land, the Defendant’s land, and the neighboring land are as shown in the separate sheet No. 2 and the respective images of the air carrier No. 3.

In order for the Plaintiff to pass the instant land to a road constructed in accordance with the 996 square meters of forest E, Sinju-si, Sinju-si (hereinafter “instant F land”), the Plaintiff’s land is bound to pass through the instant F land or G, only after passing through the instant land or G.

On the other hand, among the Defendant’s land, the part 32 square meters in the ship connecting each point of the attached Table 18, 19, 27, and 18 (hereinafter “instant road”) among the instant land are already constructed, connected to the building owned by F, which was constructed before August 1989, on the instant F land, in which the vehicles can pass from the instant F land to the road indicated in the said paragraph (c).

E. On June 10, 2015, the Plaintiff filed for registration of partial transfer of ownership with respect to 33/996 shares out of the instant F land.

In addition, on March 2, 2016, the Plaintiff recognized approximately 33 square meters of the instant F land, which is necessary to pass along the instant land from F and the Plaintiff’s land, as the ownership of the Plaintiff’s share, and agreed to the effect that the Plaintiff does not interfere with F’s passage to the said 33 square meters of land.

[Based on Recognition: Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 3 and 5 (including numbers for those with a serial number), Gap evidence No. 4, and Eul evidence No. 7 (a serial number).

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