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(영문) 의정부지방법원 2017.01.17 2015가단25969
통행권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 1, 2003, the Defendant entered into a contract with E to purchase 3,734/12,00 of the 12,000 square meters of D Forest land in Pyeongtaek-gun, Gyeonggi-do (hereinafter “land before division”), which was located in the business prior to division, and completed the registration of ownership transfer on December 2, 2003.

B. On December 9, 2012, the Plaintiff entered into a contract with F to purchase 8,266/12,00 of the land before subdivision, and completed the registration of ownership transfer on December 27, 2012.

C. On November 1, 2014, the Defendant filed a lawsuit claiming co-ownership of the land before subdivision against the Plaintiff as the District Court Decision 2013Da156319, and the conciliation was concluded to divide the 3,735 square meters of the land before subdivision into the Defendant’s sole ownership and the remaining 8,265 square meters of the land before subdivision into the Plaintiff’s sole ownership.

On December 24, 2014, the Plaintiff and the Defendant divided the land before subdivision into 3,735 square meters and G forest land with 8,265 square meters in Pyeongtaek-gun, Gyeonggi-do, according to the said conciliation.

In addition, on November 26, 2015, the Plaintiff completed the registration of entire share transfer on November 12, 2014 with respect to the land owned by the Defendant for 3,735 square meters in Gyeonggi-gun D Forest (hereinafter “Defendant-owned land”). On the same day, the Defendant completed the registration of entire share transfer on November 12, 2014 with respect to G forest land 8,265 square meters (hereinafter “Plaintiff-owned land”). On November 12, 2014, the Plaintiff completed the registration of entire share transfer on the ground of the partition of co-owned land.

E. The Plaintiff-owned land should pass along the instant passage among the 1,21,838 square meters of land owned by the Defendant and the 121,838 square meters of land owned by the Defendant (hereinafter “the 2-owned land”) in order to enter a public road as a master land.

F. The Defendant, including the Plaintiff, permits a large number of unspecified persons, including the Plaintiff, to pass along the instant road on the Do road.

G. From December 2012, the Plaintiff purchased part of the land before subdivision to the present date, the Plaintiff did not cultivate crops or plant trees, etc. on the land owned by the Plaintiff.

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