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(영문) 서울북부지방법원 2019.02.15 2018가단113369
통행권확인 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of premise;

A. The Seoul Dobong-gu Seoul Metropolitan Government Fdong (hereinafter omitted) site was a site that is a road leading to a meritorious road. Here, H large 114 square meters was divided into a franchisium without access roads, and there was another franchisium, which is another 199 square meters on the upper part of the fransium.

B. The above two master land was combined and H large 313 square meters (hereinafter “Plaintiff’s land”) was located for convenience. At present, the park site, J site owned by Defendant C (hereinafter “Defendant’s land”), G land owned by a third party, and G land owned by the third party.

C. Specific location, use status, shape, and the passage of the Plaintiffs, including the Plaintiff’s land, park site, and Defendant’s land (hereinafter “Plaintiff’s route”) and the route for which Defendant C asserts as an alternative route (hereinafter “Defendant’s route”) are as follows.

The land of the Plaintiff located in the land of the non-cadastral JD JH G H G-related land: H site site of the Defendant land: J site of the land: The land of the Defendant is the main road of the J site: The land of the Plaintiff (location between the K site and the Defendant land) is coming above the land of the Plaintiff, the land of the Plaintiff (the order of the Plaintiff’s land G site of the park site).

The detailed status of land (the plaintiff channel) is the part indicated as the "Plaintiff" in the cadastral map, and it refers to the course of the substitute road as the main issue of the land park site for the plaintiff.

① The current status of the Plaintiff’s land and park site: The Plaintiff’s land may be cut off as it was lower than the park site.

Between the two lands, the entrance was installed at the middle of the park site, but it appears that the lockeds were locked and the wooden stairs were removed during the pleading of the instant case.

Evidence of Inspection Record Nos.

9. 12. and 12. and 2. The part of the Plaintiff’s route (in the park site) located on the park site and on the boundary of the Defendant’s land: Sports facilities are installed on the park site, and bricks are installed on the boundary of the Defendant’s land. From the side of the Defendant’s land, there is a difference between the park site and the park site is higher than the height of adult height (see, e.g., video of the verification report No. 3.

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