주위토지통행권확인청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
H On January 17, 1973, after completing the registration of transfer of ownership on the 330 square meters in G, G, 5,268 square meters prior to J, 92 square meters in K forest, 992 square meters on July 21, 1980, and L forest 1,035 square meters on August 24, 1993, on February 3, 2006, after completing the registration of transfer of ownership on the 330 square meters in G, G, 5,268 square meters, 151 square meters prior to J, and completed the registration of transfer of ownership on the 1st,00 square meters in L forest, 1,035
(2) On April 8, 2005, H completed the registration of ownership transfer on the ground of gift as to shares in J-B, C and M, one-fourths of land and K, which were one-fourths of which were one-fourths of each of the above land. However, on April 19, 2015, Defendant D, the inheritor, died on April 19, 2015, completed the registration of ownership transfer on June 3, 2016 as to the above shares of M by agreement and division.
H on August 20, 2015, sold the I land, G land, L land, and the instant building to Defendant E for KRW 215 million, and agreed to collect containers and warehouses on the I land up to December 31, 2016 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on September 21, 2015.
The southwest and southwest of G land are roads leading to a meritorious road, and among them, the south East-west road is the land to be confirmed, and the south side part of G land is adjacent to K land, and the East side part is adjacent to J land.
G On the boundary line of the G land and the K land, there existed a passage between the land to be confirmed and the J land (hereinafter “former passage”). As a result of the boundary restoration survey conducted on April 22, 2016 by the Korea Land Information Corporation, some of the above passage roads were G land, and some of the roads were K land.
GI K KH and the Defendants were dissatisfied with the land boundary issue around June 2016, and thereafter, the Defendants interfered with the passage of the other party by way of parking a vehicle in front of the previous passage of the instant case or leaving the scrap rail, board, etc. on the previous passage of the instant case.
Defendant E shall on January 10, 2017.