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1. Of the land size of 1,518 square meters in Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, the Defendant indicated 6, 7, 8, 9, 10, 11, 13, 14, 20, 22, among the land size of 1,518 square meters in attached Form 2.
Reasons
1. Facts of recognition;
A. The plaintiff and the defendant are the children of the network D.
B. (i) the relationship between the division and use of land, etc. (at present, Heung-gu Seoul Metropolitan Government C; hereinafter “the land before division”) was owned by the network D, and the ownership was transferred to the Defendant on the ground of sale and purchase on October 26, 1979. Of them, the ownership transfer registration was completed on January 18, 1988 with respect to the share of 300/1,706 shares in the Plaintiff’s name.
On September 13, 1996, the decision to commence subdivision of co-owned land was made on September 13, 1996, and on November 25, 1996, the division was determined under the Act on Special Cases Concerning the Partition of Co-owned Land with the content that the land before subdivision was to be divided into the Defendant’s land before subdivision and the F large of 188 square meters (hereinafter “Plaintiff-owned land”). The Plaintiff and the Defendant acquired ownership of each owned land.
Article 2(1) of the Civil Act provides that “The land owned by the Plaintiff shall be a blind person who is surrounded by the land owned by the Defendant and the land owned by another person, without passing through a part of the land owned by the Defendant,” and the Plaintiff has passed through a contribution by using the part as specified in paragraph (1) of the Disposition (hereinafter “instant passage”).
The road of this case is packed with cement concrete, which connects the public service and the entrance part of the land owned by the plaintiff, and its width is approximately KRW 266 cm.
x. The plaintiff has used part of the "b" portion in addition to the passage route of this case as a flower, etc.
C. The Plaintiff and the Defendant: (i) Construction of each house and registration thereof; and (ii) on February 17, 1979, the Plaintiff constructed a house on the part of the land owned by the Plaintiff, and completed the registration of ownership preservation on the said house; and due to such division, the number of the said house was changed to F.
Sheet Defendant constructed a house on the part of the land owned by the Defendant among the land before the subdivision, and used the above house in the name of the Defendant on January 15, 198.