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(영문) 제주지방법원 2019.01.23 2017나964
주위토지통행권확인
Text

1. Revocation of the first instance judgment.

2. As to the Intervenor succeeding to the Plaintiff:

A. The Defendants are not less than 330 square meters of E forest land in Jeju.

Reasons

1. Basic facts

A. The Plaintiff in relation to the registration of land owned by the Plaintiff’s succeeding intervenor was located in Gri-ri in Jeju-si, Jeju-si (hereinafter referred to as “Seoul-si”), a master land owner of 2,926 square meters prior to H (hereinafter referred to as “Plaintiff’s land”). The Plaintiff’s succeeding intervenor completed the registration of ownership transfer on the Plaintiff’s land on July 7, 2016 due to donation, since real estate was located in Gri-ri, Jeju-si, a master land owner.

B. As of the registration relationship of the Defendants’ land owned by the Defendants, Defendant C shares 30/3121 shares, and Defendant D shares 2791/3121 shares, and the F forest land size of 82 square meters (hereinafter “Defendant C”) is owned by Defendant C.

C. Defendant C and Korea owned I’s land. However, in order to secure access roads to public services, Defendant C filed a lawsuit against Defendant D and Korea as Jeju District Court 2007Kadan11322, around 2007.

(2) The defendant D, among those, is

D. (1) As indicated in paragraph (1), the registration of ownership transfer was completed with respect to some portion of J-forest 3,121 square meters (hereinafter “B-J land before subdivision”) and Defendant C withdrawn the lawsuit against Defendant D.

(3) In the litigation proceedings between Defendant C and the Republic of Korea, a decision substituting the conciliation of the following was finalized:

(1) The Republic of Korea shall sell to Defendant C 5,854,800 square meters of O forest 6,806 square meters (at present, the part of Defendant C’s land) in KRW 5,85,800, and shall implement the procedure for the registration of ownership transfer based on the sale date at the same time as the above money is paid by Defendant C.

② Defendant C shall pay 5,854,800 won to the Republic of Korea at the same time as the Republic of Korea implements the procedure for ownership transfer registration of the above land.

③ Defendant C shall immediately obtain the ownership transfer on the above land category.

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