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(영문) 수원지방법원평택지원 2016.11.10 2015가단13008
통행방해금지
Text

1. All the claims of the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On November 1, 200, E divided the above land into F land (hereinafter “Plaintiff’s land”), the above G, H land, and D land (hereinafter “instant land”) while it owned Pyeongtaek-si F land (hereinafter “F land before division”), and the Plaintiff’s land on November 1, 200 was sold to Defendant C; on March 17, 200, the above H land on March 17, 200 was sold to J and completed registration around that time; during that process, the land category of the instant land was changed to a road.

B. On June 14, 2006, the Plaintiff (Withdrawal) purchased the Plaintiff’s land from I and completed the registration of ownership transfer on June 20, 2006, constructed the office building on the above land (hereinafter “instant building”) and completed the registration of ownership preservation on November 23, 2007.

C. Defendant C and J acquired shares of the instant land from E (Defendant C 2/9, J 3/9), and Defendant B purchased shares of the instant H land and the instant land from J on July 30, 2007, and completed the registration of ownership transfer by acquiring shares of the instant land. After which Defendant C and B acquired shares of the instant land on December 16, 201, and held 1/2 shares by acquiring the remaining shares of the instant land.

Since then, around 2012, the Defendants constructed a studio building in the above G and H. In that process, packing construction, etc. was conducted on the instant land, and the instant land is currently used for the passage of the studio access road and the studio resident, etc.

E. From around 2007, the Plaintiff (Withdrawal) has used the instant land as a passage to the Plaintiff’s land on its side.

F. On June 2, 2016, the Plaintiff’s successor purchased the Plaintiff’s land and building from the Plaintiff (Withdrawal) and completed the registration of ownership transfer on June 2, 2016, and participated in the instant lawsuit on June 14, 2016, and the Plaintiff (Withdrawal) withdrawn from the instant litigation procedure.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's 1, 2, 3, 8, 9, 11, 14, 19, Eul's evidence 2 and 3 (including each number), and the purport of the whole pleadings

2. The plaintiff's successor's assertion

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