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(영문) 서울서부지방법원 2020.03.27 2018나39079
주위토지통행권 확인의 소
Text

1. The judgment of the first instance court, including a claim added and modified in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The land in six parcels, including J, D, K, L, N, and M, was mutually connected and adjacent to each other, and P owned (the ownership transfer registration around July 8, 2002). P among the above land: (i) P was four persons, such as Q, R, S, and T (the co-ownership share of 1/4 square meters in the preceding 678 square meters, 87,300,000 won in each transaction value); (ii) D was five persons, such as E, F, G, H, and Plaintiff (one-fifth share of 1,458 square meters, one-fifth share of 17,80,000,000 won in each transaction value); and (iii) M was made to the Plaintiff on the ground of sale and purchase by the Plaintiff (the 694 square meters in large volume, 89,000,000 won in each transaction value).

B. As the ownership of the above six parcels of land was transferred as above, the owners of the above six parcels of land and co-owners of the above six parcels of land prepared a letter of confirmation for joint use of roads with the following contents concerning the use of the above six parcels of land at the beginning of April 208, and constructed roads.

The land which is the object of the G, Dentent village is the land which is the object of the common use of the road: K, L, M, and N, the servient tenement, the owner of the dominant tenement, the owner of the dominant tenement, the owner of the dominant tenement, the owner of the dominant tenement, the owner of the dominant tenement, the owner of the dominant tenement, the cost of building the road at KRW 10,00,00 (Won 10,000) per piece of land, the cost of building the road at KRW 10,00,000 per piece of land, and the conditions for the common use thereof are not given to the construction of the road at the same complex. In the future, the ownership of the said lot is transferred

C. The above J, N, M land, etc. was installed as a road leading to a common road, and thus it was possible to grant a building permit. Since then, ① the part of 127 square meters in which a road among the above J land was installed was partitioned into O roads on August 20, 208, and ② the part of the above D land, which was constructed as a road, was connected with each of the items in the attached Form 26, 27, 28, 33, 17, 18, 19, 20, 21, and 26 square meters in the form of a concrete packing road, which is a part of the above D land, connected with each of the items in the attached Form 26, 27, 28, 33, 17, 18, 19, 20, 21

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