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(영문) 수원지방법원 2019.02.14 2017가단517505
주위토지통행권확인
Text

1. The plaintiffs' lawsuit against defendant E is dismissed.

2. The defendant F, the intervenor F.

Reasons

1. Facts of recognition;

A. The Plaintiffs owned the ownership or right to use each of the instant land as well as the owners of each of the instant land (hereinafter referred to as “each of the instant land”) and residents on the ground of the wife population J, K, and L (hereinafter referred to as “each of the instant land”). The Defendant was the owner of each of the instant land at the time of the subdivision before the subdivision of the land (hereinafter referred to as “the land before the subdivision”).

B. On January 9, 2018, 150 square meters among the land before the instant partition was divided into 150 square meters (hereinafter “land after the instant partition”). On December 31, 2017, when the instant lawsuit was pending, the Defendant completed the registration of ownership transfer in the name of the assignee E with respect to the part of the land before the instant partition to Defendant E Co., Ltd. (hereinafter “E”) and F (hereinafter “E”) and with respect to the share of 130/150 among the land after the instant partition as of January 23, 2018, as the Suwon District Court’s registration office and the 11060/150 shares received on January 23, 2018.

C. On January 20, 2018, when the instant lawsuit was pending, the Intervenor E sold E’s shares out of the land to the Intervenor E (hereinafter “A”), and the Intervenor H (hereinafter “E”) on January 20, 2018, during which the instant lawsuit was pending, and completed the registration of transfer of ownership in the name of the Intervenor E with respect to the share of 65/150 of the land following the instant partition as to the Suwon District Court’s Registration Office on March 7, 2018, as to the share of 65/150 of the land, and as to the share of 65/150 of the land, the registration of transfer of ownership in the name of the Intervenor H was completed.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, 10 (including branch numbers, if any; hereinafter the same shall apply), Eul's entry in the evidence Nos. 10 and 12, and the purport of the whole pleadings

2. Determination as to the claim against the defendant

A. The defendant's prior defense on the merits of this case is the land in this case for which the plaintiffs seek confirmation of the right to passage over surrounding land.

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