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(영문) 전주지방법원 2017.04.21 2016나5125
주위토지통행권확인 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On July 12, 2005, the Defendant purchased 137.2m2m2 (hereinafter “Defendant’s land”) from F on the Jeonsi-si, Jeonsi-si, Jeonsi-si and 137.2m2m2 (hereinafter “Defendant’s land”) on its ground, and purchased 12m2m2 and 12m2m2 and 13m2m2 of the house subject to evaluation of extract, and completed the registration of ownership transfer on August 23, 2005 with respect to the above land, but

B. On December 10, 2007, the Plaintiff received from D on December 10, 2007 the gift of 57.19 square meters and 23.80 square meters of a house with a wooden tank, a wooden roof, and a wooden roof 175.2 square meters (hereinafter “Plaintiff’s land”) on the same day, and completed the registration of ownership transfer with respect to the above land and buildings on the same day.

C. The Plaintiff’s land is a blind-out with no length leading to a contribution, and in order to reach a contribution on the south side of the Plaintiff’s land, the Defendant’s land should pass through, and in order to reach a contribution on thewest side of the Plaintiff’s land, the Plaintiff ought to pass through the 1313.4 square meters (see attached Form 3; hereinafter “the land at Jeonju-si”).

The Plaintiff, among the Defendant’s land, has used part 16.3 square meters (hereinafter “the instant land”) as a passage leading to a contribution to the instant land, which connects each point of Annex 2, 3, 11, 5, 6, 7, 10, and 2 in sequence.

E. On February 15, 2012, the Plaintiff filed a lawsuit against the Defendant for removal of the building and for delivery of the land (hereinafter “instant prior suit”) by asserting that part of the Defendant’s building was charged with the volume of 18.6 square meters in a ship connected with each point of the attached drawing Nos. 8, 9, 10, 11, 14, 13, and 8 among the Plaintiff’s land, and that the Plaintiff filed a lawsuit against the Defendant for removal of the building and delivery of the land (hereinafter “instant prior suit”). On February 15, 2013, the Jeonju District Court rendered a judgment with the purport that “the Defendant removes the part of the building attached to the Plaintiff’s land and delivers the part of the land.”

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