beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is the owner of the instant road, and the Plaintiff newly constructed an apartment house with five stories above the ground (hereinafter “instant housing”) on the Plaintiff’s land, each of which is 9/100 shares in the same area among D 240 square meters, E 458 square meters and F 1,240 square meters (hereinafter “Plaintiff’s land”), adjacent to the instant road, and completed the registration of ownership preservation.
B. Meanwhile, at the time of obtaining permission to construct a new building (hereinafter “Defendant building”) on the G ground of Dongducheon-si, 199, the Defendant submitted a written consent to land use to use and approve the instant road as a public passage for the purpose of opening the access road to H, I, and J to Dong Y City. The Dong Ducheon-si City entered the instant road on the road ledger.
C. At the time of obtaining the above building permit, the Defendant installed the instant road in order to change the land category to a road while building the instant road, and to divide the boundary between the said E and the instant road. D.
The Plaintiff’s land and the instant housing were secured trust to K, Inc.
【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 5, 10, 13 (including additional numbers), Eul’s entries, and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1) The category of the instant road is a road, and this means that the said road has been designated as a road at the time a building permit was granted or a report was filed. As such, the term “road” used in this Act is defined as follows: 1. The term “road” means any facility prescribed by Presidential Decree, such as a roadway, sidewalk, bicycle track, side map, tunnel, bridge, bridge, and overpasses, and includes road appurtenances. Article 4 of the Road Act (in relation to the site, retaining wall, and other facilities constituting a road that constitutes a restriction on private rights) of the instant road corresponding to a road.