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(영문) 의정부지방법원 2019.02.13 2018가단102508
주위토지통행권확인
Text

1. The defendant shall be the plaintiff.

(a) has the right of passage over the surrounding land as to each real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on December 17, 198 with respect to the land C (hereinafter “C land before subdivision”) before the subdivision. The land before subdivision was divided into C miscellaneous land 264m2, D 2479m2, E road 112m2, and F farm land 4692m2 around that time.

On the other hand, the registration of transfer of ownership in the name of Gyeonggi-do was completed on January 23, 1989 with respect to the above E-road 112 square meters due to the acquisition of public land by consultation, and the above E-road 112 square meters is located adjacent to the above C and used as a road.

B. On April 11, 2005, the Plaintiff sold 2644m2 and 4692m2 of the above C miscellaneous land to G, and completed each registration of transfer of ownership on April 12, 2005.

However, in order to enter a 2479 square meter, which remains as owned by the Plaintiff, as a master land, the attached cadastral map and a provisional partition shall pass through 261 square meter (road width 3 meters; hereinafter “instant agreed part”) with the road area indicated in the drawing, and G agreed to complete the registration of ownership transfer in the name of the Plaintiff (hereinafter “instant agreement”) by dividing the instant agreed part when removing the building into the Plaintiff and completing the registration of ownership transfer in the name of the Plaintiff.

C. On October 12, 2007, G divided part of the part of the instant agreement that was already used as a passage, which was included in the above C miscellaneous land 2644 square meters, into 84 square meters in the land of H miscellaneous land, 59 square meters in the land of I miscellaneous land, 29 square meters in the J Miscellaneous land, 114 square meters in the land of J Miscellaneous land, and 114 square meters in the land of H miscellaneous land as indicated in the attached Table list (hereinafter “each land of this case”). On the same day, after the division, G completed the registration of transfer of ownership in the name of L with respect to the above C miscellaneous land 2358 square meters in the land of this case and F 4692 square meters in the land of this case.

Meanwhile, according to the instant agreement, G attempted to complete the registration of ownership transfer to the Plaintiff with each of the instant land and the land of this case, which is the part of the instant agreement, and the land of this case, 59 square meters and JJ 29 square meters, but it was difficult due to provisional attachment, etc., each of the instant M.

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