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(영문) 부산고등법원 2014.10.28 2013나8830
통행권확인
Text

1. Revocation of a judgment of the first instance;

Of the 49,210.7 square meters in Busan Geum-gu, Busan, the

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized in full view of the overall purport of the pleadings at each video of Gap evidence Nos. 3, 8, 10 to 13, 14, 17, 18, 19, 14-1 to 4, 17, 22-1, 2, 1, 6-2, 2-1, 2-2, 3, 5, 15-1 to 6.

A. The status of the party is that the plaintiff is a resident of the B1 complex B (hereinafter referred to as the "1 complex") composed of five and 286 households located in the Busan Geum-gu, Busan. The defendant is an association that is not a legal entity with the aim of improving the common interest of the residents in the B2 complex composed of 13 and 809 households located in C pursuant to the Housing Act and subordinate statutes (hereinafter referred to as the "2 complex") and securing the favorable residential environment and smoothly realizing the residents' autonomy.

B. The land of each of the instant complexes is divided by the general roads with a width of 20 meters, as stated in the separate drawings and building arrangement drawings. Accordingly, according to Article 2 subparagraph 6 (b) of the Housing Act, each of the above land became a separate housing complex. 2) M&BBB Co., Ltd. (hereinafter “instant implementer”) conducted the business of each of the instant complexes, and as a joint construction company, entered into a construction contract and entered into an exercise of the instant city and construction contract as a contractor, and was in charge of construction of each of the instant complexes.

3) The instant project on each of the instant complexes is a new residential facility construction project with a total floor space of at least 60,000 square meters, and is an impact assessment under the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. (hereinafter “

A) A traffic impact assessment deliberation committee was deliberated upon pursuant to the traffic impact assessment deliberation committee, and the consultation (consultation number: 2005-58) with the Busan Traffic Impact Assessment Deliberation Committee was completed around October 2005 (see, e.g., allocation of buildings at the time of the initial consultation for traffic impact assessment). However, adjoining sites after receiving the contents of consultation.

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