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(영문) 광주지방법원순천지원 2015.11.25 2014가단15822
주위토지통행권확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts are acknowledged, either in dispute between the parties or in full view of each entry in Gap evidence 1 to 3, in Gap evidence 4 and 5, and in full view of the purport of the whole pleadings as a result of the on-site verification by this Court:

A. On July 10, 2014, the Plaintiff, who was owned by Defendant B, was sold 2,757 square meters of the land for the stock farm in Jeonnam-gun, Jeonnam-gun (hereinafter “Plaintiff-owned land”), its ground stables, and composts building in Gwangju District Court 2000 square meters during the compulsory auction procedure.

B. The land owned by the Plaintiff is surrounded by the adjoining land, such as the U, R, and V land in South-Nam-gun.

C. Meanwhile, the land indicated in the purport of the claim that is adjacent to the land owned by the Plaintiff and the North east-do (hereinafter “instant land”) is registered as owned by the deceased W on July 1, 1962 (hereinafter “the deceased”).

Defendant D, E, F, and G died on August 12, 2004, the south of the deceased, and the wife died on December 17, 2013). Defendant H is the second son of the deceased. Defendant B, C, I, J, and K died on April 10, 2008, the third son of the deceased, and the wife died on August 2, 2007. Defendant L was the fourth son of the deceased. Defendant M, N, andO died on August 11, 2003. Defendant C died on December 13, 2010, the husband died on December 10, 201, and the wife died on August 2, 2005 (the wife died on August 2, 2007) of the deceased. The wife died on December 19, 201, and the wife died on May 20, 201.

E. Prior to the loss of ownership, Defendant B raised a lawsuit on the Plaintiff’s land owned by the Plaintiff, and used part of the instant land and the instant land and the AF land in order to enter and exit from the land owned by the Plaintiff to the public service located in the south East East-west.

F. When Defendant B lost its ownership of the Plaintiff’s land, the Defendants developed land to use the instant land as dry field. Accordingly, the date of closing argument in the instant case.

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