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(영문) 수원지방법원 2015.02.05 2014나22878

주위토지통행권확인등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of F, G, or H land in Sung-si P (hereinafter referred to as “P”), Plaintiff B is the owner of 409 square meters of E forest land and 409 square meters adjacent to each of the above lands owned by the Plaintiffs, and Defendant C is the husband of Defendant C. Defendant D is the husband of Defendant C.

B. On April 8, 2011, Plaintiff A commenced a new construction of a multi-family house with the fourth floor above ground and obtained approval for use on February 28, 2012. Plaintiff B commenced a new construction of a multi-family house with the fourth floor above ground on L land on May 28, 2010 and obtained approval for use on November 3, 2010, and the Plaintiffs try to build a new multi-family house on their remaining land.

C. On the other hand, among the instant land, one square meter in the section (B) connected with each of the points indicated in the annexed drawing Nos. 2, 3, 4, and 2 is combined with adjacent Qua roads, and is used as part of a road with a width of about 3 meters allowing entry into the land owned by the Plaintiffs (hereinafter “instant road”), and the Defendants are allowing the Plaintiffs to pass through the said section (B).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the result of the survey and appraisal conducted by the appraiser of the first instance court, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. Since the land owned by the Plaintiffs’ summary of the Plaintiffs’ assertion is a franchis with no length leading to their contributions, it is necessary to use part of the instant land as a passage. Of the instant land, five square meters in part (c) connected with each point of (d) the attached map Nos. 1, 2, 4, 5, and 1, among the instant land, were provided for the passage of the general public in a manner of four meters wide along the instant road from around 2001 to the road of this case, as well as for the traffic of the general public. LPG in a scale of 18.5t for supplying heating and cooking gas to the housing constructed by the Plaintiffs.