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(영문) 의정부지방법원 2015.06.23 2014가단14160
지료
Text

1. From February 21, 2014 to the Plaintiff, the Defendant indicated the drawings of 2,3,23,24,25,26, 27, and 17, among the area of 1,805 square meters (attached Form 1) up to D, Yangju-si.

Reasons

1. Facts of recognition;

A. On September 1, 1964, G (the wife’s wife is H) completed the registration of ownership transfer on September 1, 1964, “F” (hereinafter “F”) 1,805 square meters prior to Yangju-si F (hereinafter “F”), and the Plaintiff was registered for ownership transfer on July 12, 2002 through I on April 29, 1996. The Plaintiff acquired the land from I on July 12, 2002, as above, on the ground of sale on June 23, 2002.

B. E- miscellaneous land, the boundary of which is located on the direction of land 1 and northwest (hereinafter “second-party land”) is the land purchased on August 22, 1984 and completed the registration of ownership transfer on the 24th of the same month to be used by the Plaintiff as a livestock shed site, along with J-si land 648 square meters and K farm site 1,679 square meters acquired on March 4, 1983.

C. On January 24, 190, the Defendant obtained permission to construct a bridge from G, which was the owner of the land at the time of the first land on January 24, 1990, and connected the two points in the first land (attached Form 1), with a bridge constructed on the line connecting the two points in the drawing No. 2 and 3, and around that time, engaged in livestock farming business in the second land, etc., on the said bridge, and entered the said bridge as 2,3,23,24,25,26, 26, 17, 18, 19, 19, 22, 22, 21, and 21 of the part of the ship (hereinafter referred to as “part in the ship”) among the land No. 1.

Pursuant to the Defendant’s use of part of 2 in the ship among the land 1 as above for passage, the land 1 is divided into 13 square meters in the ship, which connects each point of 3 through 17, 26, 25, 24, 23, and 3 with the indication of drawings (attached Form 2), and the part 1,705 square meters in the ship which connects each point of 1,705 square meters in sequence, such as 1,2,21,22, 19, 20, 20, and 13 square meters in the ship (hereinafter “part 3 in the ship”), and as a result, the 3rd part in the ship was divided into the 13 square meters in the ship, which is in fact not worth using the 13 square meters in the ship.

Grounds for Recognition: Facts without dispute, and Type 2, 5 through 9, respectively.

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