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(영문) 의정부지방법원고양지원 2019.03.15 2018가단5785
주위통행권확인 등
Text

1. It is confirmed that the Plaintiff has a right to pass a road of 242 square meters F.M. F.M. to the Plaintiff.

2. The Defendants’ aforementioned Paragraph 1.

Reasons

In fact, H acquired the ownership of 1,038 square meters prior to JJ on July 15, 2010 in the case of the land located in the same Ri, and H’s son on the same day, K acquired the ownership of 585 square meters prior to G on the same day, and H and K jointly promoted a new multi-family house construction project in each of the above lands.

H on August 24, 2010, the land J before the said subdivision was divided into 398 square meters, L prior to L, 398 square meters, and 242 square meters prior to F, respectively (hereinafter referred to as “instant land”).

After that, K newly constructed a multi-family house (multi-family house) with the name of "M 1 vehicle" on the G land (hereinafter referred to as "M 1 building"), and completed registration of initial ownership on July 21, 201.

H Construction of a 4-story detached house (multi-family house) building (hereinafter referred to as “M3-unit building”) on the L’s land surface, and completed registration of preservation of ownership on July 21, 201, and construction of a 4-story detached house (multi-family house) building (hereinafter referred to as “M2-type building”) under the name of “M2”) on the J’s land, and completed registration of preservation of ownership on August 23, 201.

H and K changed their land category into a road on August 9, 201, G, J, and L, while the land in this case was changed to a road.

The current status of each of the above lands is the same as the image of the attached Form 2, and the land in this case was used as a passage through which residents and users of the above building enter and enter the building from the time of construction of the buildings in M 1, 2, and 3.

K sold G land and its first building on December 29, 201 to the Plaintiff and N, and the Plaintiff and N completed each registration of ownership transfer based on the same day. After completing each registration of ownership transfer on October 16, 2015, the Plaintiff purchased N’s share in total and completed each registration of ownership transfer on the same day.

The instant land, J land, and its ground M 2 were sold to O and P, respectively, in the discretionary auction procedure on March 8, 2013. The Defendants purchased all the above real estate from O and P on September 1, 2017 and purchased all the above real estate from P.

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