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(영문) 의정부지방법원 2019.12.26 2017가단30040
가스관 등 시설권확인의 소
Text

1. All claims filed by the Plaintiff’s Intervenor C, D, and Defendant (Withdrawal) by the Intervenor are dismissed.

Reasons

1. Basic Facts

A. On October 8, 2009, the Plaintiff (hereinafter referred to as the “Plaintiff”) of L and M land in Nam-si (hereinafter referred to as “Plaintiff”) completed the registration of transfer of ownership on November 5, 2009 with respect to the 714 square meters of Nyang-si, Nam-si, Namyang-si, for the reason of sale by voluntary auction on October 8, 2009. On November 9, 2012, 1190 square meters of Kanyang-si, Namyang-si, Nam-si, Namyang-si, and thereafter divided the 583 square meters of L and Ma-si, Nam-si, Nam-si, Namyang-si, into the said Nan-si, on August 13, 2013.

(2) The Plaintiff’s succeeding Intervenor B (hereinafter “Plaintiff’s succeeding Intervenor”) completed the registration of ownership transfer on May 28, 2019 with respect to the entirety of the instant L land and/or the shares of 1/3 of the instant M, on the grounds of sale on December 12, 2018.

The instant L and M are located between the two places, having 533 square meters of forest land and 611 square meters of P, Namyang-si, Namyang-si.

B. K forest land in Namyang-si, Namyang-si, Namyang-si (hereinafter “instant land”). The instant land adjoins to the instant M. On August 24, 201, the Defendant E completed the registration of ownership transfer as to the shares of 63.69/104 out of the instant land in the instant industrial dispute on May 15, 201.

On January 3, 2014, the registration of transfer of ownership in the name of Defendant D was completed with respect to the shares of 5/104 out of the shares of Defendant E (Withdrawal). On April 18, 2014, the registration of transfer of ownership in the name of Defendant C was completed with respect to the shares of 30/104 out of the shares of Defendant E (Withdrawal). On September 19, 2018, the registration of transfer of ownership in the name of Defendant C (Withdrawal) was completed with respect to the shares of 8.69/104 out of the shares of Defendant E (Withdrawal) in the name of the succeeding intervenor F in the name of Defendant F. On the same day, the registration of transfer of ownership in the name of Defendant B (Withdrawal), G, H, I, and J was completed with respect to each shares of 5/104 out of the shares of Defendant E (Withdrawal) on the same day.

(hereinafter referred to as “Defendant’s Intervenor’s Intervenor”) C.

The instant L/M housing complex is located in and around M land.

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