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(영문) 서울고등법원 2015.02.04 2012나80707
지역권설정등기절차이행 등
Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On March 12, 1980, the Plaintiff purchased a 218 square meter (hereinafter “Plaintiff’s land”) in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and completed the registration of ownership transfer on March 18, 1980. After newly building a single-story house on the above land, the Plaintiff completed the registration of ownership transfer on February 15, 1995.

B. The portion owned by E, F, G, H, and I was owned by 1/5 shares of each of the E, F, H, and I, respectively. However, with respect to the portion owned by E due to the inheritance due to the consultation and division held on December 29, 1984 on July 18, 1985, with respect to the portion owned by E, the transfer registration of ownership was completed in each JJ on July 18, 1985 on the ground of the sale and purchase on July 12, 1985, and all shares owned by J was completed. The ownership transfer registration was completed in the future on March 27, 2003 due to the inheritance due to the consultation and division held on October 19, 202.

(2) On the ground of the above land, the Defendant newly constructed a house, warehouse, stable, or accessory house on the ground of the above land, and completed the registration of ownership preservation on March 18, 2004.

C. Of the Defendant’s land, a road was constructed from around 202 to for the passage of vehicles and people, and the Plaintiff used it as a road for the passage of vehicles and people. However, around October 201, around October 201, around 36, 37, 38, 7, 45, 46, 47, 48, 36, and 36 of the same drawings as the size of the portion on board (A) part of the Defendant’s land connected with the size of 42 square meters in sequence 36, 37, 38, 45, 46, 47, 48, and 106 square meters of the portion on board (B) and part (a) of the portion on the part (B) connected with the size of 42 square meters and the size of the size on the part on the part on the part on the part on the part on which the Defendant installed a rail at both sides of the instant road.

On the other hand, the defendant installed a concrete retaining wall on the ground of the defendant's land during the litigation of this case and connects two prefabricated-type buildings (attached Form 3 drawings Nos. 1, 2, 3, 4, and 1 (A) in sequence (the building and the same drawings No. 5, 6, 7.

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