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(영문) 청주지방법원 2015.04.24 2013나1113
통행권확인 등
Text

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

The defendant.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s husband, E, the husband of the Plaintiff, is the land owned by the Plaintiff (hereinafter “Plaintiff”) on November 30, 1976, 327 square meters in Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do (hereinafter “Seoul-do”).

(2) On October 12, 1993, the Plaintiff’s housing owned by 85.95 square meters on the ground of the above land (hereinafter “Plaintiff”) and completing the registration of ownership transfer.

On May 9, 196, he newly built a lub roof warehouse 23.425 square meters on the same land as the above housing units. (2) On March 26, 2002, as the above E dies on March 26, 2002, the Government of the deceased E completed the registration of ownership transfer on the land owned by the Plaintiff due to a consultation division, and on the same day, the registration of ownership transfer was completed in F future for the housing owned by the Plaintiff, and on April 13, 2005, the Plaintiff completed the registration of ownership transfer on the land and housing owned by the Plaintiff due to donation.

3) 142 square meters (hereinafter “Defendant-owned land”) in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Defendant-owned land”).

(B) The land owned by G and H was owned on September 18, 2002, and the Defendant purchased it and completed the registration of ownership transfer. On July 1, 2003, the Defendant newly constructed 47.91 square meters on the above land of the lub roof 1st, 47.91 square meters, and 38.91 square meters on the 2nd-class neighborhood living facilities of the luxed concrete roof 1st, and completed each registration of ownership preservation. (B) The land owned by the Plaintiff and the land owned by the Defendant are mutually connected with each other between the land owned by the Plaintiff and the land owned by the Defendant and the land owned by the Defendant, namely, the land adjoining L road, while the land owned by the Defendant is adjoining each part adjoining the road, in sequence, each part adjoining the road.

Plaintiff

The land owned is surrounded by M forest land, N ditch, and O-owned land, etc., and the Plaintiff enters the area of 16 square meters in the ship (b) and the area of 4 square meters in part (c) of 3, 10, 9, 8, 7, 6, 5, 4, and 3 of the attached Form 2 among the land owned by the Defendant and the land owned by the Defendant.

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