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(영문) 인천지방법원 2020.05.21 2019가단21759
통행권확인
Text

1. The successor of the defendant B

A. Each point is indicated in the attached drawings of 1, 2, 3, 18, and 1 of the G 31m2 in Incheon po-gun.

Reasons

1. Basic facts

A. On April 19, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction of the same day with respect to the general steel structure and other multi-unit houses of one story 65.52 square meters of one story of one story of one story of one story of one story of other roof (hereinafter “each of the instant real estate”).

B. On December 21, 2016, Defendant B completed the registration of ownership transfer on November 10, 2016 with respect to the land of 31 square meters and H forest land of 314 square meters in Incheon Cheong-gun, Incheon, and on November 210, 2016. The succeeding intervenor of Defendant B completed the registration of ownership transfer on September 23, 2019, when the instant lawsuit was pending.

C. On October 29, 2009, Defendant C and D completed the registration of ownership transfer on the ground of sale on September 4, 2009 with respect to Defendant C 7505/7835 shares and Defendant D D 330/7885 shares with respect to the forest land of 180 square meters (which is K before the division) of I forest land in Incheon Spo-gun, Incheon, and on October 29, 2009, Defendant C and D completed the registration of ownership transfer on the ground of voluntary auction on the same day. Defendant C and D’s acquisition Intervenor F completed the registration of ownership transfer on October 10, 2019.

(hereinafter referred to as “land”) is referred only to as lot number, and as well as G, H, and I’s land, “the Defendant’s land.”

At the time when Defendant C, who was the owner of each of the instant real estate before the Plaintiff acquired the instant building, drafted a written consent to land use to the effect that the Defendant C, who was sharing G, H’s owner, and I, agreed to use each of the instant land as a road, and accordingly, each of the instant land is designated as a road.

E. Defendant B interfered with the Plaintiff’s passage over each of the above H and G land by installing two strings in G land and laying down a chain between them, and Defendant C, D also interfered with the Plaintiff’s passage over land through the above land in such a way as to prevent the Plaintiff’s passage over land.

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