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(영문) 의정부지방법원 2019.11.08 2018가단117395
주위토지통행권확인 청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Land ownership-related 1) Plaintiff A is limited to “Gri” on January 5, 2000 in Yangju-si (hereinafter “Gri”).

3) As to the Plaintiff’s co-ownership of 185 square meters in H, one-half of the co-ownership shares (hereinafter “H land”) and the Plaintiff’s co-ownership of another land under the following is also called “Gri (numbered land) land” from the time of the second name.

[] The housing of 1st floor of 88.13 square meters and 2nd floor of 85.225 square meters (hereinafter “Plaintiff-owned housing”) newly constructed on and around 191, 191, which are located on and on the ground of the same ground.

(2) The Plaintiff B completed the registration of transfer of ownership on January 30, 202 on the ground of inheritance due to the agreement division as of January 5, 2000. The Plaintiff B completed the registration of transfer of ownership on January 28, 2002. The Plaintiff B completed the registration of transfer of ownership on July 28, 2003 with respect to one half of the 1st share of housing of 1st 87.21 square meters, 2nd 75.51 square meters, 87.21 square meters, and 2nd 87.21 square meters of land of 2nd 2nd 3rd 2000 square meters (hereinafter “Plaintiff B-owned housing”) on the ground of inheritance due to the agreement division as of March 29, 2017, and completed the registration of transfer of ownership on May 8, 2017.

3) On May 21, 1976, the Plaintiff C purchased J 255 square meters on May 21, 1976, and completed the registration of ownership transfer on May 27, 1976, and on that ground, the Plaintiff C is a house owned by the Plaintiff C with a 104.14 square meters of a slive lub roof single-story housing (hereinafter “Plaintiff C-owned housing”).

(4) The Defendant: (a) purchased on April 4, 2007, the E 362 square meters and the F.56 square meters (hereinafter referred to as “Defendant-owned land”) adjacent to the Plaintiff’s land, and completed each registration of transfer on April 19, 207; (b) constructed light-weight structure and other roof detached houses (agricultural household housing), 90.75 square meters on the ground; (c) completed the registration of ownership preservation on July 13, 2007; and thereafter, (d) completed the registration of ownership preservation on the said housing on the ground, and thereafter, (e) completed the registration of ownership preservation on the said housing on the ground of reinforced concrete, light-weight structure, and other roof structures, detached houses, and the 1st floor of the 1st floor and the 1st floor of the manufacturers’ office.

7. On December 24, 2015, the mark of a building was modified by extending the area into four square meters and two stories into 90.75 square meters.

B. 1) Land of I, H, and J as indicated in the attached Form No. 1 (hereinafter above) as indicated in the land status.

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