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(영문) 광주지방법원목포지원 2019.02.13 2017가단55146
토지
Text

1. The Defendants are to the Plaintiff:

A. Attached Form 1, 15, 14, 16, 17, among the area of 307 square meters in Jeonnam-gun, Jeonnam-gun, and 710 square meters in total of F.

Reasons

1. Facts of recognition;

A. On September 24, 1994, the Plaintiff completed the registration of transfer of ownership on the ground of sale on March 10, 1981 with respect to 1,91 square meters (hereinafter “Plaintiff’s land”).

B. On August 14, 1981, H completed the registration of ownership preservation as to the land of 307 square meters and 1,177 square meters (hereinafter “land”) adjacent to the Plaintiff’s land, Yong-Gun, Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and one thousand and one hundred hundred thousand square meters prior to I. He completed the registration of ownership transfer as to each of the above land on June 17, 2003 by consultation and division.

C. On September 24, 2013, J sold E and I land to the Defendants in KRW 44.9 million, but the sales contract is written on the part of Defendant B as the buyer.

At the time of the above sale and purchase agreement, the buyer determined that “the buyer does not claim the ownership of the non-packaged road which is customaryly traveling at the bottom of the above land. In addition, no all the measures that interfered with the roads currently in use shall be taken.”

(hereinafter “instant special agreement”). D.

The Defendants completed the registration of ownership transfer with respect to 1/2 shares of each of E and I land on December 2, 2013, and the first land was divided into 467 square meters and 710 square meters before I on December 18, 2015.

(hereinafter referred to as “each of the instant lands”) E and F land.

On the other hand, the Plaintiff’s land entered the Plaintiff’s land through the table Nos. 1, 15, 14, 16, 17, 18, 19, 31, 30, 29, 28, 27, 26, 25, and 148 square meters (hereinafter “the part of the Plaintiff’s land”) among each of the instant lands, which are linked in sequence to each of the items of (a) and (b) in the order of priority among the respective parts of each of the instant lands, on the grounds that there is no part directly adjacent to the public relations, which is the sum of (b) and (c) as seen below.

F. Around November 2017, Defendant C and her husband D have a length to install fences on the part (B) (hereinafter “part (b) of each of the instant lands”) connected with each of the instant lands in sequence of the marks 1, 15, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 1, among each of the instant lands.

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