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(영문) 서울동부지방법원 2015.11.11 2014가합108872
통행방해금지등
Text

1. The Defendants and the Defendant (Appointed Party) are:

A. The Seoul Special Metropolitan City Gwangjin-gu International Road No. 59.1m2(s) indicates the annexed drawings, and is the Do governor.

Reasons

1. Basic facts

A. J land before subdivision and road 1 of this case) The JJ land 608.9 square meters before first subdivision in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the first J land before subdivision”).

(C) On March 10, 1978, JJJ-549.8 square meters (hereinafter “J-owned land before subdivision”) is deemed as J-owned land.

A) The road of this case and I large 59.1 square meters (hereinafter “instant road”).

A) On the same day, the land category of I, 59.1 square meters, was changed to “road”; (2) around that time, three row houses (12 households) were newly built on the ground of J-owned land before the division; and the instant road was used as three roads for the above apartment house, such as a photograph 1, as shown in the attached Table 1.

B. Defendant H (Appointed Party; hereinafter “Defendant H”) is the ownership relationship between J land and the instant road before subdivision.

2) As to the road in this case, the Defendants, including the Defendants, the designated parties, and L except for the Defendants and the designated parties, are the right holder of the J land before the division, and the right holder of the apartment house on the ground. (2) As to the road in this case, the designated parties are the right holder who has completed the registration of ownership transfer with N,O, P, Q, Q, R, T, U,V, M,W, and X. (2) The designated parties except the Defendants, the designated parties and the designated parties are the de facto disposal right holder of the road

(1) The court below held that most of the designated parties except the defendant and the designated parties, filed a lawsuit against the registered parties to the road of this case to file a claim for ownership transfer registration; however, some of the registered parties to the road of this case were ordered to dismiss the complaint due to impossibility of delivery of the complaint; and some of the other parties were dismissed twice. Since then, L, one of the parties to the lawsuit of this case, K, one of the designated parties to the above registration, and W, one of the designated parties to the above registration, respectively, succeeded to Y.).

On January 6, 2012, J land before subdivision was divided into JJ land and 119 square meters (hereinafter “instant land”) in the Zban 430.8 square meters (hereinafter “instant Z land”). D.

Since the construction of the instant building, etc. and payment in substitutes, the designated parties and L except the Defendants and the designated parties K.

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