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(영문) 의정부지방법원 2018.12.14 2018나205224
주위토지통행권확인청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. G around November 201, 201, G purchased ownership of H 765 square meters in Namyang-si, Namyang-si (hereinafter “Before division”) at an auction procedure.

On December 15, 2015, the land before subdivision was divided into J 348 square meters, and J 348 square meters divided into 50 square meters in L, J 50 square meters and J 298 square meters in terms of land volume on October 4, 2016, and J 298 square meters in terms of land volumeed to 298 square meters in J 298 square meters in terms of land volume on October 4, 2016.

B. The Defendant is the owner of a F-W field with G land and J land, and is the owner of a F-W field with the land adjacent to the attached Form 526 square meters.

C. Plaintiff A is the owner of 83 square meters in U warehouse site, Plaintiff C is the 3,074 square meters in V, and Plaintiff D is the owner of 522 square meters in W.

On April 2009, Myang-si, at the time of the neighboring land, including the land before subdivision, performed packaging construction without the consent of some owners of the lots, including the owner of the land before subdivision.

The passage of the packing construction at the time was 50 square meters of L field, and the passage of the vehicle was able to pass through the packing construction as a route connected to the part of the “passed circuit” indicated by the coloring through the respective land of Plaintiff D, N,O, and four others, Q, Plaintiff C, and Plaintiff A (hereinafter the aforementioned connected passage was referred to as the “instant status”). The passage was also a farming road that can only be seen as a stream prior to the packing construction.

O ND JF Q C AB

E. The registration of ownership transfer was completed on September 5, 2016 for a detached house of J and X-2 level on September 6, 2016, and the registration of ownership transfer was completed on September 8, 2016 to G on September 6, 2016.

Before the above detached house is newly built, 1 d.

The status of the port was set up as the same background as the port entry, but G divided into L 50 square meters adjacent to a newly built detached house among J land into L 50 square meters, thereby allowing neighboring residents, including Plaintiff A, etc., to pack concrete packages, while using approximately 2 meters of street width as a passage.

F. G et al. are Act on Special Measures for Designation and Management of Development Restriction Zones, Farmland Act, National Land Planning and Utilization Act.

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