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(영문) 대구지방법원 서부지원 2017.02.08 2016가단53538
주위토지통행권확인
Text

1. The Defendant indicated in the attached Form No. 17, 24, 23, 9, 10, 11, 12, 22, 14, among the land size of 262 square meters in Gyeong-gun, Sungbuk-gun, Sung-gun, Sung-gun, and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed each registration of ownership transfer on June 19, 1997 with respect to the share of 1719/2731, with respect to the Plaintiff’s 495 square meters (hereinafter “Plaintiff’s land”) in Gyeong-gun, Sung-gun, Sung-gun, Sung-gun, Chungcheongnam-do, and cultivated crops on the land owned by the Plaintiff on November 19, 2014.

B. On September 12, 2012, the Defendant purchased C river 262 square meters adjacent to the Plaintiff’s land (hereinafter “instant land”) and F field 1286 square meters and G river 420 square meters, and completed the registration of transfer of ownership on the ground of sale under Article 13633 of the Seo-gu District Court Seo-gu District Court’s Seo-dong Branch Office, Seo-gu Branch Office, 13633 with respect to the instant two lots except the instant land. The said Defendant’s land is created as a dry field.

C. As to the instant land, the Defendant filed a lawsuit claiming the ownership transfer registration on the ground of the completion of the prescription period against H’s heir, who is the nominal owner on the land cadastre (Seoul District Court Branch Decision 2014Da3704, Daegu District Court Decision 2015Na13254) and won the judgment, and accordingly, completed the registration of ownership transfer on the ground of the prescriptive acquisition on the instant land as of March 4, 2016, the receipt registry office of the vice branch branch branch of the Daegu District Court (2959).

Plaintiff

There is a river between the land and the public road, and the land in this case is adjoining to the public road, and the land in this case is located following the land of the plaintiff and the above defendant's land (in opposition against the vacant road), the land category is the land category of the Gyeong-gun, Seongbuk-gun, which is a road (hereinafter referred to as "land number"), and part of the land is adjacent to the public road

[In the absence of dispute over the grounds for recognition]: Gap evidence 1-1, 2, 2-2-2-1, 3, 5-1, 2, 6-5, 11-1 through 3, Eul evidence 1-2, Eul evidence 4-1 through 18, the video of Eul evidence 4-3, the result of the on-site inspection by this court, the whole purport of pleadings

2. The assertion; and

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