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(영문) 수원지방법원여주지원 2016.09.27 2016가단4008
토지통행권확인등
Text

1. The part of the plaintiffs' claims for confirmation of non-exercise of exclusive rights and interests is dismissed.

2. The plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff is the owner of G G 427 square meters and its ground, and H 298 square meters, etc. The Plaintiff is the same as the Plaintiff’s Dongin-gun of Gyeonggi-gu (hereinafter “Friuri”), and the Plaintiff B is the same as the Plaintiff’s Dongin-gun who obtained a new construction permit for H land building.

B. On July 6, 2015, the Defendants purchased E-Maintenance 71 square meters (hereinafter “instant land”), JJ large 441 square meters and J-ground buildings together, and completed the registration of ownership transfer on August 20, 2015 with respect to each of the above real estate by one-half shares in the Defendants’ future.

C. The Plaintiffs had access to G land, its ground buildings, and H land using the instant land. The Defendants purchased the instant land as indicated in the preceding paragraph, and used the instant land as a garden and parking lot, etc., the Plaintiffs were not using the instant land as a passage.

The specific location and shape of each land above shall be as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 6, 20 evidence, Gap evidence 41-1 through 8, Eul evidence 2-1, 3, Eul evidence 8, and the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserts that they have sought a judgment against the Defendants, such as the entries in the purport of the claim, on the following grounds.

1) In light of the fact that the instant land was planned as a road site in a seven-generation housing complex, which the Plaintiff B planned as a site for the instant land from the beginning, and was connected to sewage pipes or building permits, the Plaintiff, the former owner of the instant land, provided the instant land as a road, thereby granting the neighboring residents or the general public the right to free access, and the Defendants have the right to free access to the instant land, in view of the fact that the instant land was purchased with the well-known knowledge that it is a road site, etc., the Defendants are entitled to free access to the instant land. (ii) As such, Articles 4, 9, and 9 of the Private Road Act asserting the right under the Private Road Act.

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