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(영문) 수원지방법원여주지원 2016.09.27 2015가단23873

주위토지통행권확인 등 청구의 소

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1. The plaintiffs and the plaintiff C's successor's claims are all dismissed.

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

Reasons

1. Basic facts

A. 1) Acquisition of the Plaintiffs, etc.’ ownership

(2) On June 24, 1999, H was divided into 5414 square meters prior to H, 1157 square meters prior to L, 1157 square meters prior to M, 1157 square meters prior to N, 148 square meters prior to M, and 148 square meters prior to O. (2) With respect to L land on July 3, 199, J completed the registration of ownership transfer for M land in the future of Plaintiff (Withdrawal), in the future of Plaintiff A, Plaintiff (Withdrawal) C, and 3 with respect to M land, in the future of Plaintiff A, Plaintiff C, and 3 with respect to P, respectively, and on June 23, 1999.

3) On May 9, 2011, Plaintiff B completed the registration of ownership transfer with respect to 1/3 shares out of N and O land under the name of P on February 1, 201, based on inheritance by consultation and division. 4) Plaintiff C’s succeeding intervenors (hereinafter “Plaintiff”) completed the registration of ownership transfer with respect to 1/3 shares out of Plaintiff C’s M andO land under the name of Plaintiff (Withdrawal) on July 28, 2015, respectively, after the instant lawsuit was filed.

B. As seen earlier, the Defendants’ acquisition of ownership was divided into 5414 square meters prior to H prior to H on August 22, 2001, 3761 square meters prior to H and 1653 square meters prior to I. 2) The J completed the registration of transfer of ownership on H’s land on December 29, 2006, with each of the 1/2 equity shares in Q and Defendant E, respectively, on December 28, 2006.

3) On April 5, 2012, Defendant F completed the registration of ownership transfer on November 27, 201 with respect to 1/2 shares in Q Q’s name among H land due to a consultation and division. (4) Defendant F completed the registration of ownership transfer on August 23, 2001, in R’s future on the land, and thereafter, the registration of ownership transfer was completed in sequence in S and Defendant G.

C. The location and shape 1) H, I, L, M, N, andO land in each of the instant lands are land connected in sequence. 2) Of H land, the area of the lower left-hand side of the H land is 15 square meters or more indicated in the attached drawings, which is connected with public service.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, and 11 respectively.