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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On November 18, 1970, the Dobong-gu Seoul Metropolitan Government J-gu 691 square meters is K 172 square meters, L 112 square meters, M 122 square meters, and M 129 square meters (hereinafter “M land”). The land combined with G, I, and H was divided into each of the instant land (hereinafter “each of the instant land”), I, and H land, respectively, and M, I, I, and H are connected to G land.
B. In the process of the above subdivision, M and I’s land should pass in order to enter the road of Dobong-gu Seoul, Seoul, which is a public road, in the order of access to the road, M’s land should pass in sequence I and H, and I’s land should pass through H’s land, and it was used as the only passage for M and I’s access from each land of this case (hereinafter “the previous passage”).
C. Meanwhile, on December 20, 1965, G land transferred ownership to O on May 25, 2006, and transferred ownership to P, Q, R, and S, co-owners on May 25, 2006. The Plaintiff completed the registration of transfer of ownership on the said land on October 17, 2012 by means of sale and purchase on December 3, 2012. The said Plaintiff purchased the above land building together and demolished it, and completed the registration of transfer of ownership on the said building on April 5, 2013.
M The ownership of M land was transferred to T on March 11, 1974 to U on November 17, 2003, and to V on October 29, 2008. The Defendant completed the registration of ownership transfer based on sale and purchase on the same day on June 29, 2010. The above land building was newly constructed on December 5, 1978 and T completed the registration of ownership transfer on the above building, and the ownership was transferred to U,V and the Defendant in sequence along with the above land.
E. I’s land was transferred to D on July 1, 1997, and D’s land died on December 26, 2016 during the instant lawsuit, and Plaintiff E, the wife of the deceased D’s wife, inherited the land solely by an agreement of division. As such, the said Plaintiff’s land on January 10, 2017.