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(영문) 수원지방법원 2019.04.03 2018나57902
지역권설정등기절차이행청구
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall also provide the plaintiff with an appraisal in attached Form 1 among the land attached hereto.

Reasons

1. Basic facts

A. The instant sales contract, etc. 1) Nonparty C (Death on May 17, 201, and hereinafter “the deceased”).

Around 192, the Gyeonggi-do Ansan-gun Vari-gun (hereinafter referred to as the “Seongsung-gun”) was brought to the euthansung-gun (hereinafter referred to as the “Seongsung-gun”). In the event of an eusung-si land, the entry of the “Seong-si” is omitted. H, I, and J land (attached Form 1 through 3; hereinafter referred to as the “each land of this case”).

(2) On April 1, 1992, the Plaintiff and Nonparty K purchased at KRW 227,70,00,00 from the Deceased’s land for KRW 227.7 square meters in total.

(hereinafter “instant sales contract”). B.

The Plaintiff purchased 197 square meters among the 227 square meters of the subject matter of the instant sales contract. Among them, some of them was divided into E, and the Plaintiff again sold it to Nonparty M.. The remainder was divided into F 459 square meters, and the Plaintiff completed the registration of ownership transfer on June 16, 192 (hereinafter “Plaintiff-owned land”).

(2) 30 square meters purchased by K (i.e., 227 square meters - 197 square meters) was divided into G large 149 square meters, and N (K's denial) completed the registration of ownership transfer on November 12, 1994.

O Land and D land are owned by Nonparty P from September 22, 2015.

3) N around August 1992, M is on the land of G, around May 1993, and around F around May 1994, the Plaintiff newly built a house on the land of F and around May 1994. Meanwhile, there is a church building on the land of this case where S is on the same side of each of the land of this case and X located on the north side of L and the north side of the land of this case. 4) Defendant (the deceased head) completed the registration of ownership transfer for each of the land of this case on March 25, 200.

C. Prior to the sales contract of this case for L’s land traffic, Nonparty Q Q, his wife, was living in the D’s land before the sales contract of this case was concluded, and for this purpose, the Deceased opened a passage through which the said land could move.

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