통행방해금지 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On November 15, 201, Sejong Special Self-Governing City E 5,091 square meters was merged with F 1,438 square meters, and became 6,529 square meters. On December 14, 2011, G 1,157 square meters, H 1,114 square meters, and D 3,266 square meters were divided, respectively, and on December 23, 2013, 112 square meters divided.
B. On December 23, 2013, the said G field 1,157 square meters was divided into 502 square meters in J field and 95 square meters in K field. The said H field 1,114 square meters was divided into 51 square meters in L field and 568 square meters in M field on December 23, 2013.
C. Before the above subdivision, E was originally owned by Nonparty N, and the registration of ownership transfer was completed on October 30, 201 under Nonparty O’s name on December 15, 201, and on June 1, 2012, the registration of ownership transfer was completed on April 11, 2012 under Nonparty P’s name.
On December 15, 2011, G land before the said subdivision was completed in the Plaintiff’s name; the H land before the said subdivision was registered in the Plaintiff’s name on December 15, 201; and the pertinent D land was registered in the Defendant’s name on December 15, 201, respectively on October 30, 201 under the Defendant’s name.
1. The above real estate was promised to be jointly used on a road of 3 meters, respectively.
2. The expenses necessary for road works shall be jointly borne;
3. Where necessary, matters concerning authorization, permission, etc., such as construction, shall be absolutely cooperated.
4. Paragraph (3) shall also have the effect on the land divided by E; and
5. The site for the road to be used shall be indicated separately.
E. On the other hand, around November 201, the Plaintiffs, the Defendant, and the aboveO drafted a written agreement with respect to the land E before the said division through Q, a broker, as follows (hereinafter “the instant agreement”).
(However, the drawing of the road site to be indicated separately in paragraph (5) seems to have been prepared by Q subsequent to the agreement. (See Evidence A No. 2-2). (f) On May 21, 2012, the Plaintiffs filed a construction report on the construction of a building on G and R land prior to the said partition, and received the notification from Sejong Special Self-Governing City, the competent authority, and the Plaintiff A received the notification.