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(영문) 광주지방법원 2019.11.21 2019나53098
토지
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendants were excavated by the Defendants to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 24, 1994, the Plaintiff completed the registration of transfer of ownership on the ground of sale on March 10, 1981 with respect to 1,91 square meters (hereinafter “Plaintiff’s land”).

B. On August 14, 1981, H completed the registration of ownership preservation as to the land of 307 square meters and 1,177 square meters (hereinafter “land”) adjacent to the Plaintiff’s land, Yong-Gun, Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and one thousand and one hundred hundred thousand square meters prior to I. He completed the registration of ownership transfer as to each of the above land on June 17, 2003 by consultation and division.

C. On September 24, 2013, J sold E and I land to the Defendants in KRW 44.9 million, but the sales contract is written on the part of Defendant B as the buyer.

At the time of the above sales contract, the special agreement states that the buyer does not assert the ownership of the non-packaged road which is customaryly traveling at the lower end of the above land. In addition, any measure that interferes with the road currently in use shall not be taken.

(hereinafter “instant special agreement”). D.

The Defendants completed the registration of ownership transfer with respect to 1/2 shares of each of E and I land on December 2, 2013, and the first land was divided into 467 square meters and 710 square meters before I on December 18, 2015.

(hereinafter referred to as “each of the instant lands”) E and F land.

On the other hand, the plaintiff's land has entered the plaintiff's land through the 148 square meters [the part (A)] of the part (a) connected in sequence of each of the items in the attached Form 1, 15, 14, 16, 17, 18, 19, 31, 30, 29, 28, 27, 26, 25, and 1 of the land of this case, and the sum of (b) and (c) of each of the land of this case. The plaintiff has entered the plaintiff's land.

F. Around November 2017, Defendant C and his husband D are contained in the part “A” (hereinafter “instant excavated part”) in a ship, which connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 among each land of this case, in order to successively connect each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 1

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