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(영문) 창원지방법원통영지원 2014.09.23 2012가단12909
주위토지통행권확인
Text

1. The Defendant (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) with respect to the land size of 143 square meters at the time of show to the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the statements or images of Gap evidence 1 to 4, Eul evidence 1 to 7, and evidence 9 (including a Serial number), the testimony of witnesses E and F, the result of the on-site inspection by this court, and the purport of the entire pleadings as to the Korea Cadastral Corporation.

The details of the division of land were divided into the Defendant (the Defendant’s father G appears to have actually exercised the disposal right) H (the name of the administrative district was changed to “I”; hereinafter the same shall apply to the name of the changed administrative district and indicated as “I”) J 1,68 square meters. The land was divided into J 1,348 square meters and K 338 square meters on July 9, 1985; ② J 1,348 square meters was divided into 240 square meters on July 19, 1985; ④ 167 square meters on L, 167 square meters, 143 square meters (hereinafter “instant land”); and ④ 1,68 square meters on D 136 square meters (hereinafter “Defendant 1”) divided into 94 square meters, 167 square meters, 143 square meters on D 136 square meters and 1664 square meters on D 137 square meters, and divided into 1364 square meters and 1664 square meters on L.

B. The Defendant’s side sold 338 square meters in the order following the above division, and sold it to Q Saemaul Association on July 31, 1985, and completed the registration of transfer of ownership on July 31, 1985. ② L 167 square meters to R, M 131 square meters in M 131 square meters in M 131 square meters in T, and completed each registration of transfer on September 12, 1985. ③ O 132 square meters in M 132 square meters in M 132 and completed the registration of transfer of ownership on June 21, 1989. ④ D 190 square meters in Q 190 square meters in M 19 and completed the registration of transfer of ownership on July 25, 198, and sold the above land to R on April 10, 1993 and completed the registration of transfer of ownership on April 19, 1993.

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