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(영문) 대전고등법원 2015.10.16 2015나10804
통행권부존재확인등 청구의 소
Text

1. The part of the claim for confirmation of non-existence of traffic right in the first instance judgment shall be revoked.

2. The area is not less than 2,727 square meters in Seo-gu, Seoan-gu, Seoan-gu.

Reasons

1. Facts of recognition;

A. On May 8, 1989, the Plaintiff and the Defendant acquired ownership of adjoining land and D) The Plaintiff and D are 737 square meters in Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant land 1”).

2) As well as F. F. 1,38m2 (hereinafter “instant land”)

(2) Each of 1/2 shares was completed on April 25, 1989, and D completed the registration of ownership transfer based on sale on April 25, 1989, and D, May 19, 1989 (hereinafter “third land”). The sum of the land Nos. 1, 2, and 3 in this case, is “each of the instant land.”

(2) On January 7, 2005, D, on April 25, 1989, sold the land No. 3 and its ground container buildings of this case to D on January 7, 2005, and the Defendant completed the registration of ownership transfer on the land No. 3 of this case on March 29, 2005. The Defendant agreed that D shall purchase the land No. 3 of this case from D and pay KRW 2,30,000 to D for the purpose of securing access roads necessary for the land No. 3 of this case as special agreement.

On the other hand, the defendant currently owns the house on the third land of this case.

3) Following D’s death on September 17, 2007, H, an inheritor, completed the registration of ownership transfer on November 1, 2007, based on inheritance by agreement division as to one-half of the land Nos. 1 and 2. The Plaintiff completed the registration of ownership transfer based on sale on May 16, 2008 with respect to one-half of the land Nos. 1 and 2 inherited by H on June 2, 2008.

On May 8, 1989, May 19, 1989, May 19, 2005, and June 2, 2008, 2008, Plaintiff 1/2, Plaintiff 1/2, Plaintiff 1/2, Plaintiff 1/2, Plaintiff 1/2, and Defendant 3 Defendant of this case, Plaintiff 1/2, Plaintiff 2, Defendant of this case, as of September 2, 2008, respectively.

B. The Plaintiff’s use of 2,727 square meters on each of the instant lands in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul, is owned by the Republic of Korea, as indicated in the attached drawing.

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