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(영문) 창원지방법원 2014.04.16 2012가합4626

주위토지통행권부존재확인등

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1. Of the instant lawsuits, the part of the claim for the confirmation of the existence of the right to passage over surrounding land against Defendant B, C, D, and E shall be dismissed.

2...

Reasons

1. Basic facts

A. On December 2, 2008, the Plaintiff acquired the ownership of 2,467 square meters of FJ road No. 1 (hereinafter “instant land”), ownership of G road No. 578 square meters on November 25, 2008 (hereinafter “instant land No. 2”); and ownership of 1/2 of H road No. 388 square meters on December 2, 2008 (hereinafter “instant third land”); and part of the instant land No. 1 is a parking lot, and the remainder and the instant land No. 2 and 3 are used as a road to reach adjacent Plaintiff’s factory.

B. On October 27, 201, Defendant A acquired the ownership of 994 square meters prior to I, Kimhae-si, and the ownership of 500 square meters J forest on November 1, 201, respectively. On September 18, 2012, the said land was merged into 1,494 square meters of land for I factory on April 23, 2013, after the land category was changed to a factory site.

(1) On June 20, 2013, Defendant A transferred the ownership of the land for factory to Pakistan Co., Ltd. (hereinafter “I”)

C. On February 15, 201, Defendant D and E acquired the ownership of each of 1/2 shares of 1,716 square meters, prior to K on February 15, 201, but concluded a sales contract to sell the said land with Defendant B on February 28, 201, and subsequently transferred the ownership of the said land to Defendant A on September 24, 2012.

(C) The land category was changed to land for factory on November 20, 2012, and the land was combined with the land for factory and M land owned by Defendant A on April 23, 2013.

(hereinafter referred to as “K Factory Site”) D.

On December 20, 201, Defendant A, B, and C obtained approval for the establishment of a factory from Kimhae-si to I and K factory site (hereinafter “instant factory site”).

The Defendants, from January 1, 2012, commenced construction of a factory in the above factory site from around January 1, 201, and up to the instant land Nos. 1, 2, and 3 adjacent thereto to move heavy equipment, materials, etc. necessary for construction into the above factory site.