logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.11.18 2015가단70450
통행권확인등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 19, 195, the deceased F purchased H 1,924 square meters (hereinafter “the land before subdivision”) from G on January 19, 195 and completed the registration of ownership transfer on January 23, 1995. The land before subdivision was divided into H 360 square meters and I 1,564 square meters on February 15, 2001, and the plaintiffs inherited one-third shares of each land after subdivision due to F on January 9, 2009.

(hereinafter referred to as "land owned by the plaintiffs") 1,564m2. B.

At the time of the subdivision, E- 394 square meters (hereinafter “the land No. 2 before subdivision”) was originally owned by the GJ. However, on June 17, 1998, the land was divided into the E- 378 square meters and K 16 square meters. At the same time, the registration of ownership transfer was completed under L’s name with respect to the share of 302/378 square meters out of the instant land.

C. On October 30, 2014, the Defendant completed the registration of ownership transfer with respect to the share of 302/378 of the instant land from L, and completed the registration of ownership transfer with respect to the share of 76/378 of the instant land from M, a heir of J, on February 11, 2015.

[Reasons for Recognition] Items A, A, 2, 6, 7, 23, B, 1, 2-2, and 2-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. For the following reasons, the Plaintiffs, which caused the instant claim, seek confirmation of the right of passage on a ship (a) part 36 square meters (hereinafter “instant land portion”) connected the Defendant with each point of the attached Form 7, 8, 9, 10, and 7 among the instant land in sequence, and seek prohibition against the act of interfering with passage.

(1) On December 9, 1994, F, the decedent of the plaintiffs, agreed to be provided with the part of the instant land as a passage for the first land before subdivision between M and M, the agent of J, at the time of purchase of the first land before subdivision from G.

(2) Since F established a passage through the instant part of the land at the time of purchase of the first land before subdivision on December 9, 1994, the instant part of the land is for the convenience of the land or the land owned by the Plaintiffs prior to subdivision.

arrow