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1. The defendant has each point on the plaintiffs' 6, 7, 8, 9, 10, 11, and 6 of the annexed drawings among the land size 4,958 square meters of F forest in Kimhae-si.
Reasons
1. Basic facts
A. On January 19, 2015, the registration of ownership transfer was completed in order with respect to the land of 10248 square meters of G forest land in Kimhae-si (hereinafter “G land”) in the name of HJ Jung-si, and each share ownership transfer registration was completed in the name of Plaintiff A and B.
B. On December 24, 2003, the registration of ownership transfer was completed in the name of HJJ on the land of 72397 square meters of I forest land in Kimhae-si (hereinafter “I land”) in the name of HJ. The registration of ownership transfer was completed in the name of Plaintiff C and D on December 24, 2003.
C. The registration of ownership transfer has been completed in the name of Marina Development Co., Ltd. (hereinafter “Mauria Development”) with respect to the FF Forest in Kimhae-si and 72397 square meters (hereinafter “F land”). However, the registration of ownership transfer was completed in the name of the Defendant on March 24, 2010 following J.
F, including F Land:
(a).
(c) The approximate location of each land described in the port is as follows:
(B) The following is located on the right side of G land: KN M [based on recognition] without dispute; Gap evidence 1-1, 2, and 3; and the purport of the whole pleadings.
2. The assertion and judgment
A. In order to enter the roads of G owned by the Plaintiffs, G, and I to the O in Kimhae-si, the land of P, part of L among land, part of M (hereinafter “M land”), N, part of K’s land, and part of F’s land (hereinafter “K”), F’s land (attached Form 1, 6, 7, 8, 9, 10, 11, 12, 13, and 13, each part of the land (hereinafter “instant land”) shall pass through the roads (hereinafter “instant road”).
In particular, the land of this case needs to be developed for the passage of the above roads as part of M land was collapseed, so the Plaintiffs seek confirmation against the Defendant of the right to passage over surrounding land as stipulated in Article 219 of the Civil Act.
B. The right to passage over surrounding land as stipulated in Article 219 of the Civil Code of 199 is a meritorious deed.