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(영문) 대구지방법원 2015.12.10 2015나4373
주위통행권확인
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Facts of recognition;

A. The Plaintiff A and B jointly own the Flux 774 square meters, and the Plaintiff C owns the Glux 106 square meters in Ulsan-gun, Ulsan-gun, Chungcheongnam-do, and the Defendant owns the land of 473 square meters in size (hereinafter “instant land”).

B. On October 2010, the Defendant removed the existing building on the instant land (hereinafter “former building”) and newly constructed a multi-family house with the third floor of the steel-line contact structure (hereinafter “instant building”) around May 201, following the commencement of the new construction of a new building, around 5, 201, the Defendant operated a pen at the same time.

C. Before the construction of the instant building, the part of 21 square meters in the ship connected each point of the previous building and the attached appraisal map Nos. 11, 12, 13, 14, and 11 (hereinafter “instant road”) was divided by fences. The Plaintiffs used the instant road and the instant road No. 89 square meters in the HJ-gun, Chungcheongnam-do, the State adjacent thereto, as a passage.

(1) The following is the “(i) passage”:

In constructing the instant building, the Defendant: (a) laid down a fence that divided into the Gu building and the passage route of the instant building; and (b) used the 48 square meters in the ship, which connected each point of the 14, 13, 6, 7, and 14, the 3rd part of the instant building, which was connected in order to each point of the 14, 13, 6,

E. Even after the construction of the instant building, the Plaintiffs used the instant passage as a passage, and around June 10, 2014, the Defendant installed a brick fence (hereinafter “instant fence”) on the line connecting each point of 12,13 as indicated in the attached appraisal No. 12, and the Plaintiffs were unable to use the instant passage as a passage from that time.

F. The passage of access from each land owned by the plaintiffs to a public road is ① the land of the Gyeongjin-gun, Chungcheongnam-do (hereinafter referred to as the “O land”), other than the passage, with G land and R land, through Qgu road (hereinafter referred to as the “village road”) between the P and P land.

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