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(영문) 수원지방법원 2018.02.07 2017나53828
주위토지통행권 확인 등
Text

1. The part of the first instance judgment against the plaintiffs shall be revoked.

2. The defendant is against the plaintiffs:

A. The area is 109 square meters prior to Gwangju City I.

Reasons

1. Basic facts

A. D owned a land of 330 square meters prior to E in Gwangju City (hereinafter “F surface”) and a land of 330 square meters prior to G. H owned an adjacent I land (hereinafter “instant land”) on the said land, whereas H owned an adjacent I land (hereinafter “instant land”). The number, location, and topography in the vicinity thereof are as follows:

(5)

B. Meanwhile, D intended to construct each house on its own land.

However, around the land owned by D, a road with a width of 6 meters wide was set up on J land ( ⑤ display part). However, the said road did not directly lead to D’s land.

D) On December 207, 2007, D obtained the consent of H to the use of the land of this case, which was the owner of the land of this case adjacent to D’s land owned by D, and thereafter completed the work that could function as a road, such as flatation, etc., on the said land, and the width of the land at present is 6 meters the same as J’s land.

C. On September 4, 2013, Plaintiff A purchased E land at the auction procedure, and Plaintiff B purchased G land from Plaintiff D on February 24, 2015, and the same year.

3.6. Completion of the registration of ownership transfer.

In addition, the Plaintiffs also transferred the ownership of the housing constructed on each of the above lands from D.

(The above housing is deemed to have been scheduled and constructed as one parking lot, and there is a place where the plaintiffs can function as a parking lot site on the plaintiffs' land. Meanwhile, on September 6, 2011, the defendant purchased the pertinent land in the auction procedure.

The lower part of the land owned by the Plaintiffs (the lower part of the lower part of the Plaintiffs’ land) is also a contribution (the lower part of the lower part of the Plaintiffs’ land). The passage connected to the said contribution from the land owned by the Plaintiffs is a width to the extent that one can only pass, and it is considerably difficult to pass through due to a slope, and it is the degree that the stairs can be installed.

In addition, the plaintiff.

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