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(영문) 인천지방법원 2017.06.16 2015가단69265
지역권설정등기절차이행
Text

1. The Defendants indicate 1, 2, 3, 45, 7, 8, and 8 of the attached Form No. 1 among the real estate listed in the attached Table No. 1 List No. 1 to Plaintiffs A, C, and D.

Reasons

1. Determination on the claims filed by Plaintiffs A, C, and D

(a) Recognizing the facts of recognition as Gap's evidence 1 to 19 (including the number of branch offices), the witness G testimony, and the whole purport of the pleadings as a result of a request for surveying and appraisal to the strengthening branch office of this Court for the National Land Information Corporation;

(1) On May 12, 2010, the Plaintiffs purchased from the Defendants a parcel of land 9,917 square meters (hereinafter referred to as “land purchased by the Plaintiff”) of the part of the Seo-west part of Han Forest Land 16,330 square meters (hereinafter referred to as “land before subdivision”).

At the time, the Defendants agreed to set up an easement of 5 meters in width and 4 meters in width to the east of each land listed in the separate sheet Nos. 2 through 4, which is neighboring land, according to the north boundary of the above H forest land so that the Plaintiffs can pass to the land purchased on the existing road.

(2) At the time of the above sale, the Defendants: (a) although the said land prior to the said sale was registered under Defendant E’s small server name, the said land was in fact owned by them; (b) on July 13, 2010, the said sale took the registration of ownership transfer for the land purchased by the Plaintiffs; (c) on July 21, 2010, the part other than the land purchased by the Plaintiffs among the land prior to the said sale and each land listed in attached Table 2 through 4, the registration of ownership transfer (the Defendant’s shares 1/2) was made in their own name on July

(3) The land purchased by the Plaintiffs became each land listed in the separate sheet No. 2 following the division and registration conversion. Of the land before subdivision, the land except the land purchased by the Plaintiffs became the land listed in the separate sheet No. 1 following the division and registration conversion.

On the other hand, Plaintiff B acquired the ownership of the land listed in attached Table 2 Section 2, and sold the land to I on March 21, 201 and completed the registration of ownership transfer.

(4) As above, the part on which the Defendants agreed to establish a servitude is as set forth in Paragraph (1) (A), (b), (c), and (d) of this Article.

B. The above facts of recognition are examined.

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