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Reasons
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(영문) 춘천지방법원강릉지원 2020.07.15 2019가단2755
주위토지통행권확인 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 1987, the Plaintiff’s husband D acquired the ownership of the Plaintiff’s husband D at a successful bid for the land E of Gangseo-si, 397 square meters (hereinafter “Plaintiff’s land”) and the single-story housing on its ground (hereinafter “Plaintiff’s housing”). The Plaintiff’s gift made from D on February 27, 1998 for the same year.

3. 5. The above Plaintiff’s land and housing acquired ownership by completing the registration of ownership transfer.

B. The Defendant is the owner who acquired on April 10, 1980 the ownership of 698 square meters (hereinafter “Defendant’s land”) prior to Gangseo-si, Gangseo-si, the Plaintiff’s land.

C. On the ground that connects each point of 5, 25, 13, 12, 11, 10, 9, 8, 7, 6, 2, 3, 4, and 5 of the attached reference map among the defendant's land, part of "B" part of the plaintiff's house roof and warehouse space is located under the plaintiff's house roof and warehouse space, and the same reference map is installed in order of 13, 24, 23, 22, 21, 20, 19, 18, 16, 17, 9, 10, 11, 12, and 13 of the attached reference map to the defendant's land, each part of "B" connected to the plaintiff's house is installed in order of 29 square meters, and each part of "C" part of this case's 16, 18, 19, 20, 21, and 221.

The Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer on the ground of the completion of the prescriptive acquisition on the part of “A” and “A” in line with the respective points of indicated 1, 2, 6, 7, 8, 9, 17, 16, 15, 14, 14, and 69 square meters in line with the foregoing reference.

(2017da33595, hereinafter referred to as "relevant District Court"). e.

In the related litigation, the court recognized the completion of the prescriptive acquisition as to the part of the indicated “B” and “C” as well, and declared the judgment to accept the Plaintiff’s request. However, the Plaintiff was packed and used as a parking lot.

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