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(영문) 대구지방법원 2019.03.07 2017가단123352
주위토지통행권확인 등
Text

1. The Defendant (Counterclaim) points out of 690 square meters in attached Form 1(1), 2, 3, 18, and 1, respectively.

Reasons

1. Facts of recognition;

A. The land category was divided into 690 square meters, E, 302 square meters, and 12 square meters, G2,715 square meters before F, during the period from around 2009 to around 2015, with respect to 3,719 square meters prior to the Gyeongdong-gun, G G2,715 square meters, and the land category was changed to the site around February 2015.

(hereinafter the above land before subdivision shall be referred to as “land before subdivision,” and each land after subdivision shall be referred to as “land” according to the lot number.

B. As to the land before subdivision, the registration of ownership transfer was completed on September 4, 2003 under the Plaintiff’s name. However, around September 2009, the registration of ownership transfer was completed on the ground that the Plaintiff sold the remaining D land, F, and G part of the land excluding only the E land, and the Defendants sold the land to the Defendants on October 29, 2009 on September 21, 2009.

Meanwhile, on the other hand, the Plaintiff purchased 2238 square meters (H land) prior to H in the Gyeongdong-gun, G, adjacent to the land D and E, and completed the registration of transfer of H land under the Plaintiff’s name on March 3, 2010.

C. From J, which is a road located in the Ildong-gun, Gandong-gun, G, N,O, P, Q, and F, the above Defendants’ joint ownership transfer registration was completed, to the D land owned by the Defendants, a road with a width of 6 meters (hereinafter “instant road”). D.

Plaintiff

The E-owned land and H land are each blind, and approximately 27 square meters of the D land owned by the Defendants (hereinafter “broom-friendly part from the forest below”) are located as follows between the road of this case, which is the most adjacent service.

On or before August 31, 2017, the Plaintiff is the main text of the main text of the Seodaemun-gu, approximately 559cm wide, approximately 210cm long, hereinafter referred to as “the main text of this case”).

Since the establishment of Eul, the main text of this case has been corrected until the date of the closing of argument, passage between E land and the road of this case.

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