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(영문) 광주지방법원 2017.12.21 2015가단39833
토지인도
Text

1. The Plaintiff:

A. The Defendants are 5% per annum from December 6, 2017 to December 21, 2017, respectively, as well as KRW 1579,909.

Reasons

1. Facts of recognition;

A. The land category was changed to a road on October 9, 1997, the land category of which was changed on 21 square meters in the Seoul Special Metropolitan City, 168 square meters in the D field, and 422 square meters in the E field.

B. G, which owned each of the above lands and F-road 260 square meters, and H sold the same to Defendant A Co., Ltd. (hereinafter “Defendant A”), on June 14, 2005, 3,306 square meters (the area was 3,311 square meters by combining five square meters in J-type land on April 6, 201) and 1,653 square meters in K-type land (the land category was changed to a site on June 30, 201; five square meters in which the land category was divided into J) on January 14, 201, and completed the registration of ownership transfer on July 15, 2005, and sold the same to Defendant B and Defendant B on October 21, 2005, and completed the registration of ownership transfer on March 3, 209.

C. The roads of H, G-owned C, F, D, and E were used as the access roads to the land, including M, which are owned by them, and the access roads connected to the above ground, from the 7-lane asphalt road, via which they were credited. On May 18, 2015, the Plaintiff paid the sale price as the purchaser of the voluntary auction procedure by the Gwangju District Court for each of the above roads, and acquired the above M& land, etc. at the above auction procedure, and on May 26, 2015, each of the above roads was merged and became the land of this case.

In order to enter each of the above lands owned by the Defendants after May 18, 2015, the Plaintiff and the Defendants jointly passed a part of 569 square meters indicated in the order (=77 - 198 square meters), and the Plaintiff and Defendant B have passed through a part of 104 square meters indicated in the order jointly with each of the above lands owned by the Defendants. The instant land is the only passage for having access to a public road from each of the above lands owned by the Defendants, and there is no specific passage other than the instant land, even for having access to the said M, etc. owned by the Plaintiff to a public road.

E. On the ground of the above M, etc. owned by the Plaintiff, the “Ojump” is located, and each of the above lands owned by the Defendant A adjacent to the instant land.

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