beta
(영문) 수원지방법원 2019.06.13 2018나77135

통행방해금지청구의 소

Text

1. The plaintiffs' appeals and the claims added to the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts of the request;

A. On November 8, 2001, the land category was changed to the site for the construction of a new house, and on November 16, 2006, the land status and ownership relation (1) was owned by the Gyeonggi-do Yangyang-gun D 705 square meters (hereinafter “the Defendant’s land”). The Defendant’s land category was originally owned by Nonparty N., and the Defendant’s land category was constructed on the ground of reinforced concrete sloping sloping branch, and it was constructed on the instant land.

The defendant purchased the land and buildings of this case from N on November 15, 2006 and completed each registration of ownership transfer on December 7, 2006.

(2) On October 14, 2009, F 148 square meters, which was adjacent to the instant land, was divided into F 148 square meters and G 751 square meters. The land category of the instant land was changed to the site on December 5, 2014; G 751 square meters was divided into G 731 square meters (hereinafter “instant 2 land”) and 0 square meters on October 1, 2015; the land category of the instant land was changed to the site on May 23, 2016.

(3) On October 24, 2012, Plaintiff A purchased the instant land from Nonparty P and completed the registration of ownership transfer on November 23, 2012. As above, Plaintiff A, after changing the land category of the instant land into the site, constructed two-story houses of reinforced concrete concrete roof (hereinafter “first house”) on the ground, and completed registration of ownership preservation on December 11, 2014.

In addition, Plaintiff A purchased the instant land No. 2 from P on April 27, 2015, and completed the registration of ownership transfer on May 20, 2015, and newly constructed one-story detached housing of reinforced concrete structure (hereinafter “second-story housing”) on the relevant ground after completing the registration of ownership transfer, and completed registration of ownership transfer on May 27, 2016.

(B) Prior to the construction of the first and second houses, there was no building on the land of this case. The land of this case Nos. 1 and 2 adjoins to the K road with a width of at least 4 meters, and the K road and I roads to enter into and depart from the first and second houses of this case.