logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.01.08 2013나44253
주위토지통행권확인 등
Text

1.The judgment of the first instance shall be modified as follows:

All claims filed by the Intervenor against the Defendant.

Reasons

1. Basic facts

A. On May 11, 1998, the Defendant sold to F a part of 3,306 square meters (a) of the attached Form No. 3,306 square meters (a) of the land indicated in the attached Form No. 4,959 square meters (ab) of the land prior to the division, as described in paragraph (c) below; hereinafter “E” is referred to as “E” for convenience; and to F a portion of 4,959 square meters (ab) of the attached Form No. 4,959 square meters (a. 1,500 square meters) among the entire land prior to the division, on each occasion, the Plaintiff (hereinafter “Plaintiff”) (hereinafter “Plaintiff”). However, on convenience, the registration of ownership transfer was completed with respect to F’s share of 3058/10 of the total land prior to the division, and 4950/10 of shares to the Plaintiff, respectively.

(hereinafter referred to as the “instant sales contract”) B.

The Defendant, at the time of selling the part of the land prior to the subdivision of this case to F, agreed to open a road 3 meters wide from the part of the land prior to the subdivision of this case (hereinafter “the road prior to the instant case”). The Defendant, at the time of selling the part of the land prior to the subdivision of this case to F, set up a road along the 3-meter width of the shape, such as the forest adjacent to the road that could have contributed to the public (hereinafter “the road prior to the instant case”).

Accordingly, the defendant and F entered roads in the column of the special terms and conditions of the sales contract shall be 3 meters wide, and even if the remaining land is sold thereafter, they shall be used and secured as a public road. The defendant and F entered the location as “a mutual agreement box” as “a special agreement box prepared to specify the subject matter of the above sale and purchase” as “a special agreement box,” and attached the picture.

C. On March 3, 200, in accordance with the terms of each of the above sales contract, the original Defendant and F: ① D,306 square meters (the part purchased by F; hereinafter referred to as “D land”); ② G forest 4,959 square meters (the part purchased by the Plaintiff; hereinafter referred to as “G land”); ③ C595 square meters (the part used as a passage road; hereinafter referred to as “the passage road”; hereinafter referred to as “the passage road”); ④ H forest 661 square meters; and

arrow