손해배상(기)
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On February 27, 2013, Plaintiff A succeeded to the land of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and E-land shares 34/46 and the building of 10 stories above F, and Plaintiff B (hereinafter “Plaintiff B”) is currently running a hotel business after acquiring ownership of each of the above real estate from Plaintiff A on April 30, 2015.
B. Defendant C is the owner of land I, and the construction of the 7th floor above ground by obtaining a construction permit on July 29, 201 from Defendant Dongdaemun-gu Seoul Metropolitan Government, and is currently running a hotel business.
C. Defendant D is co-owners of J land (share 1/2) and Defendant Dongdaemun-gu constructed a 10-story building on November 29, 2010 with a building permit granted from Defendant Dongdaemun-gu on November 29, 2010 and owns 1/2 shares of the above building and currently carries on officetels business.
The cadastral map of each land owned by the Plaintiffs, Defendant C, and D is as follows:
EJ F GI / without dispute, Gap evidence Nos. 1, 2, 3, 11 (including each number), Eul evidence Nos. 3, 4, and the purport of the whole pleadings
2. A claim concerning defendant Dongdaemun-gu Seoul Metropolitan Government;
(a) The site of a building under the Building Act alleged by the plaintiffs shall adjoin to a road of not less than two meters (Article 44(1) of the Building Act and Article 44 of the Building Act) (1) of the Building Act, with respect to the site of a building, not less than two meters wide to roads (excluding roads used exclusively for motor vehicle traffic);
shall be at contact with each other.
Provided, That the same shall not apply to any of the following cases:
1. Where there is deemed to be no problem in accessibility to the building;
2. Where there is any vacant area around the building as prescribed by Presidential Decree.
3. A building owned by the Defendant C and D does not meet the above requirements, and the G and E land owned by the Plaintiff (hereinafter “each land of this case”) for access to each building should pass through the Plaintiff’s G and E (hereinafter “each land of this case”).
Defendant Dongdaemun-gu is against each of the instant lands by Defendant C and D.