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(영문) 서울북부지방법원 2015.04.01 2013가합23406
소유권방해배제 등
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, jointly with the Plaintiff, KRW 6,607,288, and each of them.

Reasons

1. Basic facts

A. D, on October 1964, acquired the ownership of K and L land and newly constructed several buildings on each of the said land while owning F, G, H, I, and J land in Gangnam-gu, Seoul. (hereinafter “instant E”) and F, G, H, I, and J land.

B. There was a distance of three meters between the building that D newly built on the instant G land and the building newly built on the instant land. Of them, some of the buildings belongs to the said G land, and some of the buildings belongs to the said G land, and the neighboring residents used it as a passage leading to the said M road.

C. On January 27, 1975, N acquired the ownership of the instant E land and constructed a building above it. During that process, N extended the width of the passage to four meters.

(hereinafter referred to as “instant passage”) d.

On November 10, 2004, the Plaintiff purchased the instant land and its ground buildings, and completed the registration of ownership transfer pursuant to it on December 10, 2004. On December 28, 2009, theO purchased the said G land and its ground buildings on December 28, 2009, and completed the registration of ownership transfer and its term of existence on January 26, 2010, respectively, on January 26, 2010: (a) there is no charge for the registration of creation of superficies from January 26, 2010 to 30 years; (b) there is no charge for the holder; and (c) the Seoul Southernbuk-gu completed the registration of attachment of the said G land on the grounds of the O’s default of taxes on August 31, 2010.

E. Around February 2010, theO removed existing buildings constructed on the G’s land, and around July 10, 2010, theO installed a pentice on the front and rear part of the passage of this case and obstructed the passage of neighboring residents.

F. Defendant B had been residing in the above P ground building since before 2004, Defendant C had completed the registration of ownership transfer on L land and its ground buildings on December 28, 2007 and had been residing in the above building since that time. Each of the above lands is located in the vicinity of the above G and E land, and the Defendants used the passage of this case as a passage to M road.

(g)...

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