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(영문) 대전지방법원 2019.12.10 2018나13422
통행권확인등
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Facts of recognition;

A. The E, F, and J land (hereinafter referred to as the “Ni land”) were owned by K, both of which were the shape B, the Plaintiff’s wife.

B. The land E was sold to theO on November 19, 2003, and the Defendant purchased the land from P on February 15, 2008.

F Land was divided into J land on December 3, 2007, and the Plaintiff purchased F land from K on May 14, 2008.

C. On August 1, 201, the Plaintiff purchased G land from Seosan-gun (hereinafter “Plaintiff’s land”).

Plaintiff

On the ground, there is a unregistered building that appears to have been approved for use by B and K around 1955.

The locations of the lands coming from the instant case are as follows:

The left middle of the forest is E and the “E” is F land, the right side of which is the F land and the J land, and the direction of 4:00 from F land is the G land owned by the Plaintiff.

Of the parts indicated as roads, there is no part on the lower part of E/F land.

EF JE G

D. Before K sells F land to the Defendant, in the contribution located in front of the J land, E land was cut off and there was a lawsuit against the Plaintiff’s land.

E. K reclaimed J land after selling F land to the Defendant, and created and used a vehicle passage along the boundary of F land and J land.

F. J land was sold during the process of voluntary auction on November 13, 2012, and I currently owns the said land is the private village B.

On January 3, 2018, the plaintiff did not repeatedly deny the defendant's assertion in the preparatory documents.

G. The Defendant’s house is in a position to see the route of the J land and the past, and is at a distance from 3.4m to 1.5m from 4m as indicated in the attached Form 1 drawings.

[Reasons for Recognition] A.1-5, A.4, A8-2, Eul evidence 1-1, Eul evidence 5-1 and 2, each of which is without dispute.

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