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(영문) 서울남부지방법원 2015.11.27 2015가단2359
지역권설정등기 등
Text

1. The Defendants indicated in [Attachment 1] Map No. 47, 48, 49, 50, 51, 52, and 47 among the Plaintiff’s 658 square meters of Gangseo-gun, Hongcheon-gun.

Reasons

1. Basic facts

A. On January 28, 1989, the Plaintiff purchased real estate listed in the separate sheet No. 3 (hereinafter “Plaintiff’s land”) from G, and completed the registration of transfer of ownership on March 29, 1989 with respect to the remaining land, the Plaintiff completed the registration of transfer of ownership under the name of Dong J on March 13, 1996, and completed the registration of transfer of ownership from J on November 18, 202 in the name of the Plaintiff from J on November 18, 202.

B. F land is adjacent to the land of 1,802 square meters prior to L, D, 658 square meters prior to D, and E, 458 square meters prior to E (hereinafter “Defendant’s land”).

C. The Defendant’s land was owned by M as of April 15, 1997, and the ownership was transferred to P on October 25, 2002, while the ownership was transferred to P on April 15, 1997, and thereafter on February 18, 2004, due to inheritance by agreement and division, the Defendants’ future ownership was transferred.

C. Before the Plaintiff purchased the real estate listed in the separate sheet No. 3, the part E (hereinafter referred to as the “E, D, C, B, A, and P”) in the attached Form No. 4’s land E (referring to the part indicated in the attached drawing No. 4) and the part of D, E (hereinafter referred to as the “conententent”) owned by the Defendants was established as a non- packing road (E, D, C, B, A, and hereinafter referred to as “P”).

P was a lawsuit that can be operated only by the original person or the loss, and G, the former owner of the land on the part of the plaintiff, was surveyed together with the owner of the land on the part of the defendant in the mid-1980s and expanded to the way possible for the passage of the vehicle.

E. Since the expansion, the part on the subentent estate in P is the part on the sub-section (C) in order of 42,43, 44, 45, 46, 39, 52, 54, 54, 34, 34, 42, 54, 34, 44, and 42 of the drawings identical to the part on the sub-section (d) of the sub-section (hereinafter “the sub-section of the instant land”).

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