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(영문) 수원지방법원 2015.07.23 2013가단214372
주위토지통행권확인 등
Text

1. Of the lands listed in the attached list, the marks of drawings shall be as follows: (1). (2). (3). (4). (5). (7).

Reasons

1. Facts of recognition;

A. On July 29, 2004, the Plaintiff, C, D, and the Defendant entered into a sales contract with the intent to purchase KRW 1,370,00,000 for the land indicated in the separate sheet No. 4,129 square meters prior to E, F, G, and the wife population at the time of the division, I forest No. 1,554 square meters prior to the division, J forest No. 4,331 square meters prior to the division, K forest No. 155 square meters prior to the division, and the land indicated in the separate sheet No. 2, prior to the division. (2) On September 21, 2004, the Plaintiff completed the registration of ownership transfer as to the land prior to the said division (hereinafter “the land prior to the division”). The Defendant completed the registration of ownership transfer as to the land indicated in the separate sheet No. 4,331 square meters divided on the same day, and each land indicated in the separate sheet No. 2.

3) Since then, the land before the instant partition was registered on May 30, 2012, and was registered by subdivision and thus, 862 square meters prior to G of the wife population H (hereinafter “the Plaintiff’s land”).

B) Around October 2004, the Plaintiff received from the Defendant a written consent for land use that the Plaintiff consented to the use of the part on the part of the ship (hereinafter “instant land”) connected with each point as access roads among the land listed in the separate sheet as shown in the separate sheet, which is the Defendant’s land. Around April 2004, the Plaintiff obtained a written consent for land use from the Defendant to the use of the land as a road necessary for the permission for the development of the instant land before the instant partition and the building permission. Accordingly, the Plaintiff obtained permission for the development of the first-class neighborhood living facility site for the purpose of creating the first-class neighborhood living facility site for the instant land before the instant partition.

Around December 28, 2005, on the instant land, etc. designated and publicly announced as a road under Article 2 subparag. 11 (b) of the Building Act. Accordingly, around 2006, the road packing was conducted on the instant land, etc., and the Plaintiff.

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