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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. (1) On June 9, 2003, F completed the registration of ownership transfer on June 7, 2003 due to the sale on June 7, 2003, with respect to 2750 square meters (hereinafter “1 real estate of this case”) in Gyeonggi-si E, Gyeonggi-do, E, and the Plaintiff completed the registration of ownership transfer on December 8, 2009 due to the inheritance by consultation and division on November 7, 2009, upon the death of F.
G 28 square meters (hereinafter “instant 2 real estate”), F completed the registration of ownership transfer on July 1, 2003 due to the partition of co-owned property on June 30, 2003, and the Plaintiff completed the registration of ownership transfer on November 7, 2009 due to the death of F.
(2) The Defendant completed the registration of ownership transfer on June 9, 2003 due to sale on May 24, 2003.
D As to 1012 square meters (hereinafter “instant 4 real estate”), the Defendant completed the registration of ownership transfer on July 1, 2003 due to sale on June 30, 2003.
B. The location and shape of each real estate of this case are as shown in the attached cadastral map, and the third real estate of this case is connected to a meritorious deed.
On the boundary of land adjoining to the third and fourth real estate of this case and the I land adjoining thereto, people can pass through the roads naturally created from the above service to the first and second real estate of this case (hereinafter “the access roads of this case”).
C. On June 2003, the Defendant consented to the use of the portion 105 square meters in part 105 square meters in the ship (hereinafter “the instant target real estate”) connected with F in sequence with each of the items of the attached drawings 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, among the real estate Nos. 3 and 4 of this case among the real estate Nos. 3 and 4 of this case for the purpose of road use, without setting a deadline.
(hereinafter “instant agreement”). [This case’s agreement’s ground for recognition] is without dispute; Gap evidence 2 through 6; evidence 7-1 and 8-1; Eul evidence 1 and 2; the result of the commission of appraisal to appraiser H of the first instance court; the result of the verification by the court of the first instance.