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(영문) 서울북부지방법원 2016.10.26 2014가합5696
주위토지통행권확인등
Text

1. Of the land size of C. 84 square meters in Chuncheon City, each point of the attached Form No. 1, 2, 3, 4, 15, 44, 45, 14, 13, 46, 18, and 1.

Reasons

1. Basic facts

A. F, G, and building below F and ground buildings owned by the Defendant E, and “G land and ground buildings” and “G land and ground buildings”, respectively.

On October 26, 2007, H (F land and ground buildings) and I (G land and ground buildings) were sold in the voluntary auction procedure.

B. Meanwhile, the Defendant’s husband’s husband- He owned D land adjacent to F land. However, on June 28, 1990, in order to use F and G land as the passage of F and G land, the Defendant divided D land into C, and at the same time changed the land category from D land to a road, and at the same time, changed the said land category from the site to a road; hereinafter the said land category was “instant land”; and “D land after division”.

On January 2, 2008, the Defendant inherited the instant land due to the death of J.

On April 25, 2008, E, K, L, M, N, andO, a lineal descendant of the network J, reported the renunciation of inheritance by the Chuncheon District Court 2008Ra421 on April 25, 2008, and the above court accepted the declaration of renunciation of inheritance on June 10, 2008.

H, who acquired the ownership of F land and a building on the ground of this case, completed the registration of transfer of each share on the ground of inheritance on April 2, 2008 by subrogation of heirs on the ground of the provisional attachment order No. 2008Kadan680 of Chuncheon District Court 2008.

The transfer registration of each co-ownership in the name of the defendant, E, M, N, andO was completed prior to the renunciation of the succession by the lineal descendants of J.

C. The Defendant is the prefabricated-type building with a prefabricated-type building not exceeding 28 square meters on the instant land around around 2008.

It has been built and has been residing there until now.

According to the appraisal attached to the judgment of the Chuncheon District Court 201Na782, which conducted appraisal and on-site inspection while the above fence was installed at the 45 point of the land of this case around the time of construction of the prefabricated-type building, the Defendant is consistent with the standard line for the last end of the parts of the appraisal of the appraiser P, which is linked to the land of this case and the building on the D ground.

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