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(영문) 춘천지방법원강릉지원 2016.07.19 2015나6101
토지인도 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is Gangnam-si D.

Reasons

1. Basic facts

A. The Plaintiff’s land was cultivated as dry field prior to May 25, 2013, and the Plaintiffs purchased on April 25, 2013 and completed the registration of ownership transfer as to each of the shares of 1/2 shares under the receipt No. 20024 on June 25, 2013.

B. There was a 760 square meters, E, 1,071 square meters, 502 square meters prior to F, and G land located on the right upper part of the Plaintiff’s land. However, the Defendant purchased the above M site and buildings (hereinafter the above site and buildings collectively referred to as “Defendant’s real estate”) on August 30, 1989, and completed the registration of ownership transfer as of November 28, 1989 by 32631, which was received on November 28, 1989, and thereafter operates M. from that time to that time.

C. On the upper part of the left part of the Plaintiff’s land in this case, K-road 6,308 square meters, which is owned by the Republic of Korea (hereinafter “instant adjacent land”). In fact, the same applies to miscellaneous land where a swimming exists, and is not used as a road.

Although the Defendant’s real estate was connected to a public road through the adjoining land in the cadastral map, it is practically impossible to pass through the adjoining land in this case as above. ① The land of this case among the Plaintiff’s land is used as a MM parking lot in order to connect each point of “bbb” 182 square meters (hereinafter “instant parking lot site”) to the point of 6, 7, 8, 8, 9, 10, 11, 29, 20, 20, 21, 22, 23, 24, 25, 26, 27, 27, and 20, 18, 28, 200, 200, 18, 200, 200, 20, 20, 20, 20, 20, 20, 20, 20, 218, 17, 27, and 30.

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