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(영문) 의정부지방법원 2018.05.01 2017가단110625
주위토지통행권확인청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On November 201, the Defendant purchased the ownership of 765m2 in the auction procedure, i.e., Namyang-si, Namyang-si (hereinafter “Before subdivision”).

Since then, the above land was divided into J 78 square meters, K 348 square meters, L 182 square meters, and I 235 square meters.

B. Since then, the Defendant constructed a detached house upon obtaining a lawful construction permit on September 5, 2016 on the ground of the said K-land.

Before constructing the above detached house, the following shall apply to the site:

In light of the aforementioned circumstances, the Defendant newly constructed a detached house on that part of the said K’s land divided into a size of 50 square meters adjacent to the said K’s new house and made it possible for neighboring residents, such as M, etc., to open a street of approximately two meters in width (hereinafter “instant dispute passage”), on that part, to set up a street of approximately two meters in width (hereinafter “instant dispute zone”).

C. Around April 2009, Nannam-si: (a) performed packing construction without the consent of some of the owners of the adjoining land, including the said land before subdivision, at the time of the neighboring land including the said land before subdivision.

The passage route of the packing construction at the time was, among the following drawings, a passage connected to the part of the “competing” indicated by the Plaintiff A, the Plaintiff D, and four other persons (BEF), the Plaintiff C, theO, and the MP through each land of the land of the Plaintiff C, theO, and the MP (hereinafter referred to as the “instant site”), which was a passage connected to the “competing” (hereinafter referred to as the “instant site”), and it was a passage that could be seen only before the packing construction. The passage of the vehicle was possible through the packing construction.

D A K CO M P QR

D. The site of the instant right-hand road is a site without any obstacle impeding passage, and the width of the land is to the extent that the passage of the vehicle is possible.

E. The present situation of the case in S is the Act on Special Measures for Designation and Management of Development Restriction Zones, Farmland Act, and National Land Planning and Utilization.

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