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(영문) 서울동부지방법원 2013.11.29 2012가단37504
토지통행권확인 등
Text

1. The Defendants:

(a) Of the real estate listed in paragraph 1 of the attached list, the Attached Form Nos. 4, 5, 6, 7, 8, 9, 26, 11, 12, 13, 14.

Reasons

1. Basic facts

A. On August 28, 2003, Nonparty A purchased B large 21 square meters in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”) and 12 square meters in 12 square meters in 1, 12 square meters in 203 square meters in 1, 2003, and completed the registration of ownership transfer on October 1, 2003.

The owner of the instant land passed the instant land to C-road as classified through the land indicated in attached Form 1 of the Real Estate Claim (hereinafter referred to as “the adjoining land”).

Attached Form

See part (a) in the cadastral map. (b)

Around December 207, D, the owner of the instant land and the instant previous building, destroyed the instant previous building. Around December 20, 2007, E-building (hereinafter “instant building”) was newly constructed on the instant land on the ground (the first floor of Class I neighborhood living facilities of Class I of the general steel structure, the second floor, the second floor, the second floor, the 34.61 square meters, and the second floor; hereinafter “instant building”) and completed registration of preservation of ownership on August 4, 2009.

C. On May 16, 2012, the Plaintiff purchased the instant land and buildings from D, and completed the registration of ownership transfer on June 22, 2012.

The defendant Republic of Korea is the owner of the neighboring land, and the defendant Seoul Special Metropolitan City is the owner of the land indicated in the attached Table Nos. 2 through 4 (hereinafter referred to as the "deficial land").

(1) The original road management office was delegated to the head of Gwangjin-gu Seoul Special Metropolitan City, by the Seoul Special Metropolitan City, or by the Ordinance of the Seoul Special Metropolitan City.

E. The Defendants’ closing of G road and who installed the facility is unclear.

1975년 천호대로가 개설된 이후 일자를 알 수 없는 시기에 인근 ①번 토지 중 별지 지적도 기재 선내 ㈎ 부분의 도로를 폐쇄하면서, 별지 도면 표시 에 소재하는 방풍림 6그루를 식재하고, 별지 도면 표시 1, 2, 3, 4, 5, 6, 7의 각 점을 연결한 선 부분에 보도와 차도의 분리를 위하여 경계석을 설치하였다.

Accordingly, the attached Form.

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