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(영문) 서울고등법원 2016.10.28 2016나2004424
주위토지통행권확인 등
Text

1.The judgment of the first instance shall be modified as follows:

The attached Form 1,177 square meters among F. 1,177 square meters shall be applied to the plaintiff (Counterclaim defendant).

Reasons

1. Facts of recognition;

A. In around 2011, Plaintiff A and B were “each of the instant land” with the G 361 square meters, Plaintiff C, and Plaintiff C and D with H large 328 square meters, respectively.

(B) each of the co-owners acquiring Eul shall be the same as the one in the ship (hereinafter referred to as "the road in this case") which successively connects each of the items in the Schedule No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 1 of the annexed drawings.

Defendant Counterclaim Plaintiff, hereinafter referred to as “Defendant”).

The passage of this case is located at the south side of the 1,177 square meters owned by the Defendant. The passage of this case is in line with the passage of this case, which includes a motor vehicle, in the past, packed as the current status. D. The north-dong of each land of this case is linked to the roads of J, the east-dong, K forest and L site (one house and one warehouse) owned by others, and the FB site owned by the Defendant, including the passage of this case, to the south-west. The south-west side of each land of this case is linked to the land of this case, M, N, andO site (the existence of a house is successively connected with the other side of the land of this case, and the passage of this case is connected with the passage of this case.

The end part of the passage of this case is linked to M Site, each land of this case, and L Site in sequence.

The previous owner of each of the lands of this case was the only passage through which the road of this case was contributed to the road of this case, since the land of this case was flooded down on the north-dong and there was a height of up to seven meters.

L site owners adjacent to the east may enter the east through the pedestrian road connected to the J road of the east, but the vehicle traffic road is due to the vehicle traffic road.

E. On September 14, 201, the Plaintiffs are “each of the instant buildings” and “each of the instant buildings” on each of the instant lands.

On January 16, 2013, the start of the project and completed the project on January 16, 2013 (approval for Use). The king Mayor reported M site adjacent to J roads (including PP forests) adjacent in sequence to the north of each of the instant lands, and the passage of this case as access roads (the vehicle access roads are the instant part of the passage roads).

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