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(영문) 대전지방법원 2019.03.14 2017가단211396
주위토지통행권 등
Text

1.(a)

The Defendant-Counterclaim Plaintiff’s successor intervenor indicated the attached Form No. 8, 25, 25, among the area of 532 square meters in Daejeon U.S. E-gu.

Reasons

1. The facts recognized are that the Plaintiff completed the registration of ownership transfer on April 18, 2016 due to sale on April 9, 2016.

Plaintiff

G large 304 square meters adjacent to land (hereinafter “Defendant D land”) is a land for which Defendant D completed the registration of ownership transfer on January 18, 2016 due to sale and purchase on December 23, 2015, and the I large 383 square meters adjacent to Defendant D land (hereinafter “J land”) is a land for which J has completed the registration of ownership transfer on October 25, 2012 due to sale and purchase on September 26, 2012.

Plaintiff

Land, Defendant D’s land, and J’s land (hereinafter collectively referred to as “Plaintiff and other land”) adjoining to south-east (hereinafter referred to as “instant land”) are the E large-532 square meters adjoining to the south-west, and the registration of ownership transfer was completed on May 21, 2013 by the husband K of Defendant B on the ground of sale on March 21, 2013, and the K completed the registration of ownership transfer on September 12, 2014 due to the death of Defendant B on November 12, 2014.

Plaintiff

Land and Defendant D’s land are each blind, and in the past, there was a customary passage through which people have access to the land of this case, including the Plaintiff, around the boundary of the land of this case and the land of this case, and the people living on the land of this path had access to the land of this case, and the houses on the land of this case, including the Plaintiff, had access to the land of this case.

Among them, there are currently the houses on the defendant D's land, and the houses on the plaintiff's land and J land have been removed.

K acquiring the land of this case removed existing houses and newly constructed the house on the land of this case, and installed the brine fence and the prefabricated-lag warehouse in the land of this case.

Of the land in this case, the part located two meters away from the boundary line of this case constitutes 63 square meters in a ship connecting each point of 8, 25, 27, 31, 32, 33, 34, 37, 19, 18, 17, 12, 11, and 8, in sequence, the attached appraisal map falls under 63 square meters in a ship (hereinafter “instant road”), and the passage road of this case.

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