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(영문) 창원지방법원 2017.10.19 2015가단19653
통행권확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Current status of the Plaintiffs’ land ownership 1) Marina Development Co., Ltd. (hereinafter “Maina Development”).

(2) On September 13, 2002, on March 5, 2004, the registration of ownership transfer was completed in the name of the Plaintiff A and B on March 5, 2004, following the development of marina on September 13, 2002, with respect to the land of 1,772 square meters (hereinafter “I land”).

3) 8,380m2 (hereinafter “J land”) shall be J-si, Kimhae-si.

On September 13, 200, Mar. 17, 2000, the registration of ownership transfer was completed in sequence in the name of the Plaintiff A and B on June 17, 2004. 4) As to the land of K 10,248 square meters in the name of Kimhae-si (hereinafter “K land”), the registration of ownership transfer was completed in the name of Plaintiff C and D on November 2, 2015 through N on June 30, 1998 with respect to the land of K 10,248 square meters (hereinafter “K land”).

5) An O forest 72,397 square meters (hereinafter “O land”) in Kimhae-si.

(3) On June 30, 1998, the registration of transfer of ownership was completed in the name of Plaintiff E and F on December 24, 2003 (hereinafter above 1), 2), 3) and 4) with respect to the whole of the land described in paragraph (1).

B. B. The ownership transfer registration was completed on April 17, 2009 in the name of the Defendant M&C Co., Ltd. (hereinafter “Defendant M&C”) on the P road 468 square meters (hereinafter “P land”) in Kimhae-si, Q&D on April 14, 200 and M&D on September 13, 2002.

2) 1,728m28m2 (hereinafter “R land”) shall be the Ranzed land in Kimhae-si.

On September 13, 2002, Mar. 12, 2009, the registration of ownership transfer was completed in the name of Defendant G on October 10, 2014 with respect to Mrina Development, and the registration of ownership transfer was completed in the name of Defendant G on October 10, 2014. 3) The registration of ownership transfer was completed in the name of Defendant Ganbu public official on April 17, 2009.

The term “each of the instant lands” refers to each of the Defendants’ respective lands listed in paragraphs (1), (2), and (3) above.

(iii) [Facts 1, 2, 2] and 3.

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