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(영문) 대구지방법원상주지원 2014.11.19 2014가단504
통행지역권설정등기
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants are as shown in the annexed Form 1 among the annexed Form No. 124 square meters H 124 square meters against the Plaintiffs.

Reasons

1. Facts of recognition;

A. From L around April 2010, the Plaintiffs purchased from L in the name of L, i.e., 305 square meters, Ma 129 square meters, J 135 square meters, and K 42 square meters (hereinafter “Plaintiff’s land”). From among them, the Plaintiffs completed the registration of ownership transfer in the names of each of 1/2 shares among the land I, M, and K.

B. Of the Plaintiff’s land, J and K’s land adjoins H 124 square meters (hereinafter “Defendant’s land”).

On November 7, 1980, the network N completed the registration of ownership transfer on the Defendant’s land. The Defendants’ inheritance shares as the deceased N’s inheritors are as shown in the attached Table 2.

C. The Defendant’s land is a passage along the road, and in order to bring the land on the Plaintiff’s side to a contribution, the above passage must be passed.

The above passage route is a part of 84 square meters in the "bb" portion in the line, which connects each point of 9, 3, 4, 15, 14, 13, 12, 11, 10, 9 of the Map Nos. 1 of the Map Nos. 1 of the H TW 124 in the 124 square meters in the line (hereinafter “b").

[Ground of Recognition] The facts without dispute, Gap evidence Nos. 2, 4, 9, 10, 14, and 15 (including each number), the result of the request for surveying and appraisal to the Daegu Gyeong-si Branch of the Korea Intellectual Property Corporation, and the purport of the entire pleadings

2. Judgment as to the main claim

A. Since November 7, 1980, the owner of the Plaintiff’s land on the part of the Plaintiff’s assertion opened and continued to use the passage road on the part of the land on the part on the part on the part on the part on the part on the part on the part on the part of the Plaintiff, and on July 20, 2010, when 20 years elapsed from November 7, 1980, the network N acquired the Plaintiff’s right of passage by prescription on July 20, 201.

In order to preserve the right to claim the establishment of the traffic area based on the sale of L, the plaintiffs filed a claim on behalf of the defendants for the establishment of the traffic area with respect to L. The defendants filed a claim on July 20, 2010 with respect to each inheritance share in the attached Form 2 of the land on the part of the defendant.

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