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1. Defendant C’s KRW 5,754,077 as well as the Plaintiff’s annual rate from December 10, 2013 to September 22, 2016, and the following.
Reasons
Basic Facts
On February 23, 2011, the Plaintiff is an owner who was awarded a bid of 89,192 square meters of D Forest land in Gyeonggi-do (hereinafter “Plaintiff-owned land”) and completed the registration of transfer of ownership on February 23, 201 by the Changwon District Court’s Busan District Court’s registration office (2269).
Defendant B is an owner who was awarded a successful bid for a building of 4,158 square meters, F miscellaneous land 1,102 square meters (hereinafter collectively referred to as “Defendant B’s land”) and the above-ground building in Busan District Court’s Busan District Office on July 10, 2012 and completed the registration of ownership transfer as the receipt of No. 10653, Jul. 10, 2012.
From among the land owned by Defendant B to his contribution, the portion of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 47, 48, 49, 50, 51, 50, 51, 50, 50, 35, 36, 37, 39, 40, 445.
(b) The above sub-paragraph (b) above (hereinafter “instant traffic route”). Defendant B had Defendant C perform the pention Corporation (hereinafter “instant construction”) on the land owned by it around 2012, and Defendant C had Defendant C pass through the instant road for the said period.
Defendant B filed a lawsuit seeking confirmation of the right to passage over surrounding land as to the passage route in this case by the court at around August 21, 2015, and confirmed that Defendant B had the right to passage over surrounding land on August 21, 2015. However, in the appellate court of Changwon District Court 2015Na8074, the Plaintiff dissatisfied with this, and on May 10, 2016, “Defendant B established a new passage, and renounced the claim for confirmation of the right to passage over surrounding land on the said passage,” and the said decision became final and conclusive.
Defendant C was the Plaintiff on May 16, 2013 as to the instant passage route between August 7, 2012 and November 30, 2012 at this Court Decision 201Da7621, May 16, 2013.