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(영문) 수원지방법원 2020.07.02 2019가단538957
통행지역권설정등기 등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Attached Form 1. Map No. 1, 2, 11, 12, among the land size of 584 square meters in Chungcheongnam-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The land ownership relationship 1) The Defendant is limited to the Dai-si (hereinafter “Duri-si”)

(C) The land owned by the Defendant is deemed as the land owned by the Defendant.

(2) On June 1, 1984, the Plaintiff purchased from Nonparty E and completed the registration of transfer of ownership on November 12, 1994. (2) The Plaintiff purchased from Nonparty G on March 22, 2017 the F&366 square meters adjacent to the said C, and completed the registration of transfer of ownership on April 13, 2017. The Plaintiff purchased from Nonparty I on August 3, 2018 the H-289 square meters adjacent to the said land from Nonparty I and completed the registration of transfer of ownership on August 8, 2018. Since H was merged into F, the area of F became 65 square meters.

(hereinafter “Plaintiff-owned land”). (b)

The location and current status of the instant land, etc. as shown in the certified copy of the cadastral map No. 1) 2, as shown in the attached Form 2, the land owned by the Plaintiff (the part indicated as a sound figure) is directly adjacent to the public service, and the width of the part of the land generated in the shape of the road, which was used as a passage, is about 1.98 meters in the narrowest part, and about 2.78 meters in the wideest part. (2) The part of the said land alone is about 2.78 meters in the narrowest part. (2) The owner, etc. of the land owned by the Plaintiff, who was the former owner, etc. of the land owned by the Plaintiff, and Nonparty J used the instant land as a passage to the instant land from May 1, 1984 to the land added to the said part, with the consent of the E, etc., the former owner, etc. of the land owned by the Plaintiff. Since

3) Meanwhile, a fence was installed on the part of the boundary abutting on the remaining land owned by the Defendant among the instant land. However, around April 2019, the Defendant, as well as the Plaintiff, at the place where the said fence was installed, newly installed the said fence (hereinafter “the instant fence”).

(2) The Plaintiff-owned land and the first part of the instant land are the steel gate (hereinafter “the instant steel gate”).

(b).

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