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(영문) 수원지방법원여주지원 2015.04.29 2014가단5700
주위토지통행권확인
Text

1. The Defendant, in sequence, has each point indicated in the attached Form No. 12, 13, 14, 15, and 12 among the area of 952 square meters in Gyeonggi-gu D Miscellaneous District.

Reasons

1. Basic facts

A. On February 11, 2003, Plaintiff A completed the registration of transfer of ownership under the name of Plaintiff A on the ground of inheritance by agreement and division on February 11, 2003, with respect to the Plaintiff’s 2,906 square meters (the Plaintiff’s father, the Plaintiff’s father, purchased on February 8, 1972, and completed the registration of transfer of ownership on February 29, 1972; hereinafter “Plaintiff A’s land”). Plaintiff B completed the registration of transfer of ownership under the name of Plaintiff B on March 4, 2003. The Plaintiff B purchased the Plaintiff’s mother on February 10, 1972, and purchased the Plaintiff’s 2,151 square meters and K 216 square meters (the Plaintiff’s mother, who was the Plaintiff’s father, completed the registration of transfer of ownership on June 24, 1981; hereinafter “Plaintiff’s land”) and owned the Plaintiff’s land under the name of Plaintiff B on March 38, 2005.

B. The Defendant completed the registration of ownership transfer on December 6, 2006 under the name of the Defendant on December 18, 2006 with respect to D miscellaneous land 952 square meters (hereinafter “Defendant-owned land”).

C. Meanwhile, in order for their parents to pass along the road with their contribution since they purchased the land owned by the Plaintiffs, the Plaintiffs have used Magach, 3,477 square meters, Defendant’s land and 361 square meters (hereinafter “N land”) on the land owned by the Republic of Korea (hereinafter “existing passage”), and the Defendant also used the Nland to pass through the road with a contribution to a relationship not adjacent to the Defendant’s land.

Around 2011, the Defendant obtained permission to occupy and use “F land” (hereinafter “F land”), which is a ditch, and made a route (in the order of priority on the part (B) connected to each point of the land owned by the Defendant and the land owned by the Defendant (hereinafter “instant passage”) leading to a contribution to F land and the land owned by the Defendant (a contract for non-purpose use), and installed a concrete retaining wall, which starts from N land and moves through the existing passage through which the land owned by the Defendant passes through the Defendant.

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