logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.19 2016가단100768
주위토지통행권확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 4, 5, 6, 8, 9, 13, 14, 15, 16, 17, 18, 23, and evidence Nos. 7-1, 2, 3, 10, 11, and 12-2, and evidence Nos. 5-1, 2, 3, 6, 4, 5, 6, 8, 13, 14, 15, 16, 17, 18, 18, and 5-2, and the whole purport of the pleadings at this Court’s on-site inspection, and each of the statements No. 21-1, 2, and 3 does not interfere with the recognition as follows.

(1) On March 27, 2003, the Plaintiff entered into a sales contract for purchase of F land from G, H, I, I, J, and K with respect to the seller’s 2,015 square meters (hereinafter “F land”) prior to the Nam-si, Nam-si, Nam-si. The Plaintiff entered into a sales contract for the purchase of F land from G, H, I, J, and K. Around 83 square meters prior to the division and approximately 83 square meters of the access to the F land before the division and the joint ownership of the Plaintiff, K, N, andO, and the width shall be 4 meters.

(2) The Plaintiff completed the registration of ownership transfer on F land on May 16, 2003.

B. As to D land (land category is referred to as “pre-division”; as to N on January 27, 2003, N on February 3, 2003, 826/132 shares and ownership transfer registration were completed on February 3, 2003, as to D land (hereinafter “D land before re-division”); as to D land before re-division, ownership transfer registration was completed.

(2) On October 21, 2004, the area of 42 square meters prior to E in Yangyang-si (hereinafter “E land”) was divided into D land prior to subdivision.

(3) On November 23, 2006, N paid the purchase price after receiving the shares of O on the D and E’s land before subdivision, and acquired the ownership of the entire D and E’s land before subdivision.

(4) On May 21, 2014, P completed the registration of transfer of ownership based on the agreement on division of inheritance on March 3, 2014 as to D land and E land before subdivision.

(5) On July 30, 2014, the Defendant completed the registration of ownership transfer on D land and E before subdivision.

(6) The D land before subdivision is divided thereafter.

arrow