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(영문) 서울중앙지방법원 2019.12.10 2018가단5014895
주위토지통행권 확인 등 청구의 소
Text

1. The Defendant-Counterclaim Plaintiff shall keep in sequence each point of 3, 4, 13, 2, and 3 of the attached drawings among the 81m2 in Yongsan-gu Seoul Metropolitan Government D. D.

Reasons

1. Facts of recognition;

A. (i) On December 24, 1974, the Plaintiff acquired and owned the ownership of a large of 132 square meters in Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “Plaintiff’s land”).

From November 3, 1997, Defendant B acquired and owned ownership of D large scale 81 square meters. Since then, the Defendants, located between D and the Plaintiff on December 4, 2001, are E large scale 132 square meters and G large scale 132 square meters and G large scale 132 square meters, which were merged on April 18, 201, and became E large scale 264 square meters.

acquisition of ownership

(hereinafter referred to as “Defendant’s land” by adding up the above three parcels of land. Before annexation between the Plaintiff’s land and the Defendant’s land, both the E and G land are blind, and the land adjacent only to D’s land among the Defendant’s land.

Considering the geographical and locational shape and use relationship of both the original and the Defendant’s land, and the surrounding geographical state, the use of the Defendant’s land constitutes a method of using the Plaintiff’s land in order to access the land to a public road.

On October 30, 2012, the Plaintiff entered into an agreement with the Defendants on the establishment and use of the universal divorce channel as follows. On November 15, 2012, the Plaintiff obtained a construction permit to newly construct a multi-household house of four stories above the ground level (five households above the ground level, retail store above the ground level, and multi-family house of two to four stories above the ground level) on the Plaintiff’s land and owned it on November 29, 2013.

(B) On October 28, 2014, the Defendants newly built and owned neighborhood living facilities of the 2nd underground floor (the 2nd underground floor retail store and pumps room, the 1st underground floor parking lot, the 2nd underground floor retail store, the 2nd-4th ground retail office) and multi-household houses (the 5-8th underground urban living housing unit) on the Defendant’s land.

(hereinafter referred to as “Defendant’s real estate” by aggregating the Defendant’s land and buildings;

(i) The plaintiff's land and the defendant's land.

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