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(영문) 인천지방법원부천지원 2017.05.19 2016가단111920
무상토지통행권존재확인 등
Text

1. The Plaintiff:

A. As to Defendant B, with respect to F25 square meters of road in Kimpo-si:

B. The Defendant C is on the G road of 130 square meters in Kimpo-si.

Reasons

1. Facts of recognition;

A. On February 9, 2002, the Plaintiff and Defendant B purchased 6769 square meters of I forest land and 326 square meters of J forest land (hereinafter referred to as “instant co-owned land” and hereinafter referred to as “land”) in all of the land on which only the lot number is indicated.

B. The plaintiff and the defendant B are above on February 10, 2002

With respect to the land purchased as stated in paragraph (1), the Plaintiff’s shares are owned jointly by 1/3 and Defendant B’s shares are owned by 2/3. After the division, construction of a factory, etc., the ownership relationship is different even if there is no change.

(hereinafter referred to as “instant agreement”: Provided, That the indication of land was written as “I, J, K, L, and M,” which was the parcel number after the subdivision, as seen below (d).

Pursuant to the agreement of this case on February 19, 2002, the Plaintiff and Defendant B completed the registration of ownership transfer with the Plaintiff’s share 2256.3/69, Defendant B’s share 6769, Defendant B’s share 4512.7/67, and the Plaintiff’s share 108.6/326, and Defendant B’s share 108.7/163, respectively.

On April 27, 2002, the said I land was divided into 1620 square meters of I forest land, 1059 square meters of K forest land, 1620 square meters of L forest land, and 1620 square meters of M forest land.

E. On May 7, 2002, the Plaintiff and Defendant B are divided into the Plaintiff’s owned, K, L, and M as to I, K, L, and M among the above co-owned land on May 7, 2002, and the same month as owned by Defendant B.

9. Upon completion of the transfer registration, Defendant B completed the transfer registration on the same day with respect to L on the same day to Defendant C, who is an infant, and to Defendant D, who is an infant, on May 7, 2002, respectively.

F. On April 7, 2005, the above I was divided into Nro, K as O, L as P, M as Q. On the same day, the O was divided into 960 square meters of forest land, 74 square meters of R forest land, 25 square meters of F forest land, P was divided into 140 square meters of P forest land, 140 square meters of G forest, 130 square meters of forest land, 50 square meters of S forest, Q is 1404 square meters of Q forest, and 219 square meters of T forest, respectively.

G. On January 18, 2006, R is a forest with land for a factory, F, G, and T (hereinafter collectively referred to as “instant passage”) located in each forest.

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