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(영문) 수원지방법원 2015.08.12 2014가단523356
주위토지통행권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 24, 1996 due to the sale and purchase on January 15, 1996, as the land divided from G, which is the land which is divided into G with respect to one-fourths of one-fourths of the land. On October 12, 2004, the Plaintiff became a sole owner by completing the registration of transfer of all co-owners’ shares on November 12, 2004 due to the joint ownership partition contract on October 19, 204.

B. The land owned by the Plaintiff is surrounded by nearby H and Gi-si I apartment complex and the J Park that is owned and managed by the Defendant, etc., so that access to the land owned by the Plaintiff can not be made unless it passes through adjacent others.

C. At present, there is a stone road with a width of 2 to 2.5 meters between the Plaintiff’s land and the public road (hereinafter “the instant stone”). The instant stone is a part of C7592m2 and D park owned by the Defendant, which is a 3319m2m2 and D park owned by the Defendant, and a part of E-sports site owned by the Defendant B Co., Ltd., and 3267m2m2 of G forest owned by Nonparty KS, and the end of the direction leading up to the road among the instant stone roads was made up of stairs, and is connected to J Park owned by the Defendant Young-si.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 4 through 6, Eul evidence 1 to 4 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's alleged Korea Land and Housing Corporation has developed the surrounding land of the plaintiff's land as an apartment site and closed the existing passage, and no other passage is available to the plaintiff without passing through part of the defendants' land. The defendants are obligated to build a road of 2.5 meters wide necessary for the plaintiff's daily life and guarantee the plaintiff's right of passage over surrounding land. Thus, the plaintiff's claim 1 (b), (e) and (e) are claimed against the defendants.

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