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(영문) 의정부지방법원 2015.01.30 2013가합3764
통행권확인등
Text

1. The defendant EPrush Co., Ltd.:

A. Attached Form 1 is indicated on the Plaintiff among the 2,724 square meters of B miscellaneous land in Yangju-si.

Reasons

1. Facts of recognition;

A. On January 5, 2010, the Plaintiff purchased D land on September 15, 2010 and acquired the ownership of D land in a voluntary auction procedure (Seoul District Court E) commenced on January 5, 2010 with respect to D land owned by 1,656 square meters (hereinafter “D land”).

gallon Co., Ltd. (hereinafter “B land”) purchased B land on August 1, 201 in the voluntary auction procedure (U.S. district court F) commenced on September 6, 2010, G sold B land on September 15, 201, and the Defendant Company purchased B land from Thai S&C on June 10, 201, and completed the registration of ownership transfer on July 22, 2013.

In addition, on April 16, 2012, the Defendant Company purchased C road 705 square meters (hereinafter “C land”) in Yangju-si Co., Ltd. and completed the registration of ownership transfer on the same day.

The defendant association occupies 9,877m2 in Yangju-si owned by the Republic of Korea.

B. According to the cadastral map (attached Form 3), the current status of the pertinent land related to the instant case appears to have been connected to C, a road, but a fence (hereinafter “instant fence”) is installed in the part connected in the order of each point indicated in the attached drawing Nos. 1 through 17 (hereinafter “instant wall”) (the part connecting each point indicated in the attached drawing Nos. 8 through 17 among them is installed on the retaining wall of about 1-3 meters high) and the part indicated in the attached drawing Nos. 2 “Bbb” indicated in the attached drawing Nos. 1 and 2 of the Defendant Association’s emotional, water tank Nos. 2, “B,” “C,” and “D” are installed respectively, and the electric pole and the attached drawing Nos. 2 shall be removed and a new passage shall be installed, but the outer part of the instant wall (the inner part) of which is used as a public service in D land.

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