주위토지통행권확인청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of the additional judgment are assessed against the Plaintiffs.
1. The Plaintiffs subject to an additional judgment sought confirmation of the right to passage over surrounding land as stated in the purport of the claim against Defendant G as well as Defendant C. However, this Court’s judgment was omitted in this part of the judgment rendered on May 1, 2018, and thus, rendered an additional judgment as to this part ex officio in accordance with Article 212(1) of the Civil Procedure Act.
2. Basic facts
A. G around November 201, 201, G purchased ownership of 765 square meters in the first field, Namyang-si, Namyang-si (hereinafter “Before subdivision”) at an auction procedure.
Since then, the above land was divided into J 78 square meters, K 348 square meters, L 182 square meters, and I 235 square meters.
B. Since then, G constructed a detached house upon obtaining a lawful construction permit on September 5, 2016 on the ground of the said K’s land.
Before constructing the above detached house, the following shall apply to the site:
The current status of the port was established as the same background as the port entry. However, G newly constructed a detached house on that part of the said K’s land divided into a size of 50 square meters adjacent to the said K’ and made neighboring residents, such as M, etc. open a passage of approximately two meters in width on that part (hereinafter “instant dispute passage”), including M, etc., at least two meters in width (hereinafter “instant dispute passage”).
D A C KO M P QR
C. Around April 2009, Nannam-si: (a) performed packing construction without the consent of some of the owners of the adjoining land, including the said land before subdivision, at the time of the neighboring land including the said land before subdivision.
The passage route for which the packing construction was conducted at the time was connected to the part of the instant dispute, which was indicated by the Plaintiff, Plaintiff D, and four other (BEF), Plaintiff C,O, and MP, through the land of the Plaintiff, Plaintiff C, C,O, and MP (hereinafter “instant site”), and the passage route connected to the instant part (hereinafter “the above-mentioned passage route”) which was visible to the passage prior to the packing construction.