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(영문) 서울고등법원 2015.01.08 2014나36872
주위토지통행권확인 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s land ownership relationship 1) The Plaintiff is the part on the ship that successively connects each point of 3, 47 square meters in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul (attached Form 2(c), Ra, f, f, g, and Da; hereinafter “instant land”).

(D) Yeongdeungpo-gu Seoul Metropolitan Government 165 square meters (hereinafter “D”) adjacent to the area.

)A building with the second floor above that ground (hereinafter referred to as “Plaintiff-owned building”);

2) The land of this case is owned by the Defendant, the ownership transfer registration of which was completed on January 4, 2012, when the ownership transfer registration was completed on December 31, 1966.

3) On December 29, 1984, F-road 14 square meters (hereinafter “F-road”) for a 324 square meters in Yeongdeungpo-gu Seoul Metropolitan Government D-gu 324 square meters.

(1) On May 13, 1985, each registration of ownership transfer was completed in the vicinity of G on May 18, 1985. Since the construction of two-storys on the above ground, on April 18, 1986, the registration of ownership transfer was completed in the H future. The registration of ownership transfer was completed on May 30, 1986, and the registration of ownership transfer was completed on June 17, 1986, and on June 17, 1986, the registration of ownership transfer was completed on June 17, 1986 (hereinafter “J land”).

(B) The category of D land was changed on November 10, 1987, when the ownership transfer registration was completed in K on April 6, 1987 through L, and the category of D land was changed on May 20, 1987. On October 17, 1987, the ownership transfer registration was completed on November 10, 2003. (B) On September 9, 1986, after the land was divided from D to D on September 9, 1986 by the Plaintiff, the D land users passed J land to enter into the public service, and after the change of the owner of J land, the owner of J land used it as the passage through J land during the period when the change was made, and the building permission was granted on December 31, 1987.

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