beta
(영문) 부산지방법원 2018.02.09 2017가단306316

주위토지통행권확인의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Ownership of each land 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

A) The land owned is owned by ① 162m2, ② 184m2, ③ G factory site: 62m2, ④ H forest land: 442m2, and ⑤ 676m2 in total of 67m2 (hereinafter collectively referred to as “J factory site”).

(2) The Plaintiff Company acquired each ownership on April 12, 2013. (2) The land owned by the Plaintiff Company is the land owned by the Plaintiff ① 309 square meters of K forest in Busan, 142 square meters of L forest, ③ 904/9040 of 9004 square meters of M forest, ④ 16231/162310 of 16231 square meters of N forest, ⑤ 7636/760 of 7636 square meters of O forest and 7936 square meters (hereinafter collectively referred to as “J forest”) is the land for which Plaintiff B acquired each ownership on September 7, 2012 and October 10, 2012.

3) The land owned by the Defendant is 986m20,000,000 square meters of land for factory in Busan Seo-gu, Busan (hereinafter “instant land”).

(B) The Defendant acquired the ownership of the land on April 19, 2013. (b) The location of each land is located as indicated in the J factory site, J forest, and this case’s land. The land is not adjacent to the road, and there is no part of J land for factory, and K forest, which is part of J forest, is the land for P road (hereinafter “P road”). < Amended by Presidential Decree No. 2020, Apr. 19, 2013>

The starting part and the end part of the K forest adjoining to the land of this case are wide enough to allow vehicle traffic. However, the middle part is narrow, and the width is not only about 95 cm in width, and the fence is constructed on the boundary between the land of this case and the land of QK, which is the neighboring apartment site located adjacent to the land of this case, based on the land of this case and the land of this case, and the passage of vehicles is impossible due to the installation of a steel network on the boundary of the land of this case and K forest.

C. In the event that a passage of at least 6 meters in width connecting the K forest and P road is to be established, an appraisal map is marked 6, 7, and 7 among the instant land to secure a road width of at least 6 meters in the middle part of the necessary size of the K forest in the instant land at a narrow range.