주위토지통행권 확인 등
1. The part of the lawsuit in this case concerning the claim for confirmation of traffic right shall be dismissed.
2. The plaintiffs' defendant D.
1. Basic facts
A. On February 12, 2018, the Plaintiffs filed the instant lawsuit seeking confirmation, etc. of the right to passage over surrounding land against the Defendants, I (former name before the opening of the names: J), K, and L Heavy Association. On January 22, 2019, the Plaintiffs amended the purport of the claim as of January 22, 2019.
(However, an application for change of the purport of the claim made on January 22, 2019 includes a claim that “K shall confirm that it has a right to passage about 26 square meters” in the attached Form No. 14, 13, 12, 44, 45, and 14 among the total area of 1,815 square meters before M incheon City, M. The claim that “K has a right to passage about 14, 13, 12, 44, 45, and 14.” However, as described in the following sub-paragraph (d), the lawsuit against K was withdrawn, and thus,
On January 23, 2019, the Plaintiffs withdrawn the lawsuit against the LJs Association on the third date for pleading, and agreed by the LJs Association, the withdrawal of the lawsuit became final and conclusive.
C. On January 23, 2019, the Plaintiffs submitted a written withdrawal of the lawsuit against I, and thereafter the withdrawal of the lawsuit became final and conclusive.
On September 10, 2019, the Plaintiffs submitted the withdrawal of the suit against Defendant D and K.
After that, the withdrawal of the suit against K was confirmed, but the defendant D submitted written consent to the withdrawal of the suit on September 11, 2019.
As a result, only the Defendants were the parties to the instant lawsuit.
F. On December 4, 2019, the Plaintiffs’ legal representative expressed that he/she had the intent to withdraw the lawsuit against the Defendants on the date of the eighth day of pleading. The Defendants’ legal representative expressed his/her intention to consent to the withdrawal.
Accordingly, the plaintiffs' legal representative stated that "No claim shall be made to the defendants in this case, since they newly specified the way to seek the confirmation of the party to the lawsuit and the surrounding land traffic right (Cheongju District Court Decision 2019Kadan20821)."
[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading
2. As to the legitimacy of the claim for confirmation of the right of passage over surrounding land among the lawsuit of this case ex officio, the determination of this part of the claim is lawful.