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(영문) 의정부지방법원 2011.12.15 2011나7667
소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The Plaintiff was the owner of the D miscellaneous land 3,445 square meters, E miscellaneous land 1,186 square meters, and the purchaser of the F miscellaneous land 272 square meters (the F F land was owned by M and N in the registration injury) at the time of subdivision.

(The location of each land above is as shown in Attachment 3). P, Q, R, S, of the Plaintiff and its neighboring land;

T. The location of each land above is also as shown in attached Form 3.

2) The owner of the Plaintiff, etc. (hereinafter referred to as “Plaintiff, etc.”)

(2) The Plaintiff et al. (hereinafter “Plaintiff et al.”) used part of the right side of each of the above lands as an access road while operating the camping site, etc. from each of the lands owned by the Defendant. However, the Plaintiff et al. sought to change the part of the above access road to the road to be designated as a road and perform the packing construction. The Plaintiff et al. filed an application for the change of road packaging and land category, but the Defendant did not accept it. Meanwhile, the Defendant was operating the drainage pumps on the right side of the above access road (at the end, each land owned by the Plaintiff et al. and the Defendant’s use of the Defendant’s use of the access road as an access road and the need to newly secure the access road for the above drainage pumps. Accordingly, the Defendant delivered the Plaintiff et al. through J that “the Plaintiff et al. would perform land category change and the road packing” and the Plaintiff et al. accepted it. As a result, the Plaintiff et al. accepted it.

(1) Of E miscellaneous land 1,186 square meters, 87 square meters (hereinafter “the second donated land”) shall be deemed as “the second donated land”).

A) 272m22m2 (hereinafter “third donated land of this case”) and F miscellaneous land.

B. On November 6, 2006, the first donation land in this case was divided into H, and the second donation land in this case was divided into I. The above H land, I land, and the third donation land in this case were registered in the name of the defendant on February 26, 2007.

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