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(영문) 서울중앙지방법원 2018.05.18 2016가단5237878
주위토지통행권확인등
Text

1. The Defendant indicated 1, 2, 3, 4, 5, 6, 19, 18, 17, 16, 15, 14, and 1 of the attached Form 2 drawings among the land size of 863 square meters in Permitted-si to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner or co-owner of the said land (hereinafter referred to as the “Plaintiff’s land”) with a large scale of 652 square meters and E road of 603 square meters in Suwon-si, and the Defendant is the owner of C paddy-si, 863 square meters (hereinafter referred to as the “instant land”).

B. On January 26, 2010, when a building permit was granted to 2, including F, etc., including F, etc., on the lots outside G, and 3 lots around the instant land, with the consent of H, on seven lots (I, J, K, L, M, and N), including the instant land, the length of approximately 364.80 meters, the width of which is 6 meters, the size of 2,188 square meters (8 square meters included in the instant land before division) was designated and announced as a road under the Building Act. On April 7, 2014, the head of Chungcheongnam-si Si/Gu designated and announced O, a neighboring resident, and P as a neighboring resident, and 6 lots (K, C, J, M, L, Q, Q) of the instant land to change the form and quality of 1,536 square meters among the instant land into a road site. From that time, the instant land, etc. was developed as a cement road and used as a road surrounding the instant land.

(C) The above passage along the instant land, etc. (hereinafter referred to as “instant passage”).

After acquiring the ownership of the Plaintiff’s land on January 31, 2001 and obtaining permission for development from around 2010, the Plaintiff completed the completion inspection for the construction of detached houses and Class I neighborhood living facilities (retail stores) site development works on the Plaintiff’s land, and obtained approval for use from July 2014 to May 2016. From July 13, 2016, the Plaintiff was performing construction works for detached houses on the Plaintiff’s land and obtained approval for use. From July 13, 2016, the Plaintiff was also performing construction works for detached houses on the Plaintiff’s land with the permission for development activities from February 28, 2017 to February 28, 2019. The Plaintiff’s land and the Plaintiff’s land and the said R, S, and C’s land cannot pass through the instant road without passing through the instant road, as shown in attached Form 1.

The former owner of the instant land is the passage of the instant land around October 2014.

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