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(영문) 서울중앙지방법원 2015.03.25 2014가합537910
경계확인 및 주위토지통행권확인 등
Text

1. The boundary of the Plaintiff (Counterclaim Defendant) is 70 square meters in total-gun D, Gyeonggi-gun, and E-mail owned by the Defendant (Counterclaim Plaintiff) and 658 square meters in total.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 16, 2005, Plaintiff A purchased 70 square meters in Gyeonggi-do D 70 square meters (hereinafter “instant land”) from F on the 17th of the same month, and completed the registration of ownership transfer on the 17th of the same month. Plaintiff B, who is the remaining birth of Plaintiff A, had a 442 square meters in H field 92 square meters (hereinafter “instant land”) from G on November 21, 2005 due to the division on January 15, 2013, and the remaining 50 square meters were transferred to I; hereinafter “2 square meters in this case”). The Defendant purchased from J on December 28, 2006 the instant land and completed the registration of ownership transfer on the 658 square meters in this case (hereinafter “instant land”).

On the other hand, on April 2008, Plaintiff B purchased K land in the form of road (hereinafter referred to as “land number”) and L land, except in extenuating circumstances.

B. As part of the Plaintiff’s husband and the Plaintiff’s husband, and the Plaintiff’s husband and the Plaintiff’s husband delegated all the rights on the disposal of the land by the Plaintiffs, a consultation on the exchange of land in the vicinity of the instant land between M and N, the Defendant’s husband, and the Plaintiff’s husband, was conducted. Accordingly, on November 14, 2012, a real estate exchange agreement was concluded (hereinafter “the instant real estate exchange agreement”) concluded between M and P, the Defendant’s husband, and the Plaintiff’s husband, and the Plaintiff’s husband and the Plaintiff’s 2,238 square meters of land owned by the Defendant, and 639 square meters of land in total, 50 square meters of land in H, the Plaintiff’s 92 square meters of land owned by the Plaintiff, and 92 square meters of land owned by the Plaintiff, before the Plaintiff’s husband and the Plaintiff.

In accordance with the above real estate exchange contract, P land 2,238 square meters was divided into 1,59 square meters and Q29 square meters prior to the Gyeonggi-gun P, Gyeonggi-do P, and H 92 square meters, H 442 square meters and 550 square meters each of H 92 square meters, and Q 3 is transferred to Plaintiff B, I land, K land, and L land to each of N, and the ownership of neighboring land is identical to the left-hand side after the contract for real estate exchange was entered into.

C. On the other hand, the plaintiff A indicated in the separate sheet No. 5, 32, 35.

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