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(영문) 춘천지방법원영월지원 2020.04.29 2018가단12037
주위토지 통행권 확인 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. F, G, and H shared 39696/80471 shares, G’s 82645/80471 shares, and H’s 32130/80471 shares with respect to E forest land (hereinafter “instant land before the instant subdivision”) in Gangwon-do. However, on July 19, 2003, F established an IF association (hereinafter “instant association”) to promote the development project for the said land.

B. The instant association obtained approval on the development plan of land E before the instant subdivision in order to promote the J tourism and resort complex development project from Thai City, January 13, 2006, and was designated as a development project operator on March 24, 2006.

However, the above development project promoted by the union of this case was discontinued thereafter.

C. Defendant D, via K, filed a registration of transfer on July 8, 2005 with respect to part of H’s shares, 16094/8040471, which is part of H’s shares, and Defendant B, a F’s child, filed a registration of transfer on the ground of donation with respect to F’s shares on May 29, 2007.

On November 6, 2007, Defendant B, D, and H, the co-owners of the instant land E prior to the instant subdivision, divided the development project site from the said land into KRW 330578 square meters in Gangwon-do (hereinafter “instant L land”).

E. On December 20, 2013, Defendant B filed a registration of transfer on the ground of sale due to a voluntary auction for the remaining shares of H on December 20, 2013 (i.e., the total share of Defendant B is 57732/80471); and (ii) Defendant C filed a registration of transfer on April 26, 2016, with respect to the shares of G 82645/80471 shares under the name of G on April 26, 2016, with respect to the share of G 82645/80471 shares.

F. As to the instant L land, M is the registration of transfer of ownership by reason of sale on December 3, 2007, and NFF’s sale on December 7, 2007.

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