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(영문) 광주지방법원 2017.02.21 2015가단529008
토지인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 27, 1981, the Plaintiff completed the registration of ownership transfer on the ground of a donation made on December 31, 1973, with respect to the land owned by the Plaintiff, 200 square meters in Gwangju Mine-gu D (hereinafter “Plaintiff-owned land”).

B. On February 20, 1981, the Defendant completed the registration of ownership transfer on the ground of sale on April 5, 1966 with respect to the land of 7 square meters in Gwangju Mine-gu (hereinafter “instant land”).

(A) At the time of acquisition, the area on the register is deemed to have been 12 square meters, and the area was corrected to 7 square meters on March 24, 2015.

On the ground of the instant land, the Defendant set up a fireproof height of approximately 0.7 meters, and occupies it. On the ground owned by the Plaintiff, container 3, waste building materials, waste washing machines, waste laundry, waste laundry, waste laundry, waste laundry, etc. are not managed.

Plaintiff

The location of the land owned by the owner, the surrounding land, and the status of the surrounding land are as shown in the attached Form 2. Of surrounding land, the land owned by the defendant and the land owned by the defendant and the land owned by the defendant about 313 square meters in Gwangju Mine-gu F. 19 square meters in Gwangju

[Ground of Recognition] Unsatisfy Facts, Gap evidence 1, 2, 3, 4 evidence, Eul evidence 1, 2, 3, and 5 evidence 1, 2, 3, and 5 evidence (including each number; hereinafter the same shall apply)

2. The plaintiff's assertion is scheduled to construct a commercial building on the land owned by the plaintiff, and the width of 4 meters is required to secure access roads for the construction of a commercial building. Among the land in this case owned by the defendant, the plaintiff asserts that (a) and (b) part (4m2) of the ship connected each point of Annex 1, Annex 1, 2, 3, 4, 7, 8, 4m2, and 4m2 of the land in this case, which are owned by the plaintiff, are the right of access to surrounding land within a width of 4m from the winter-dong boundary (section A of Annex 2) of the land in this case owned by the defendant.

H. H. on the roads of Gwangju Mine-gu, a contribution other than the passage roads of this case (hereinafter referred to as “instant passage”).

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