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(영문) 서울중앙지방법원 2018.04.10 2017가단41277
주위토지통행권확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On March 14, 2008, the Plaintiff completed the registration of ownership transfer with respect to the land of Jongno-gu Seoul Metropolitan Government Ddong (hereinafter “Ddong”) and the housing of two stories (1st 52.89 square meters, 2nd 30.28 square meters, 30.28 square meters, hereinafter “instant land or the instant housing”).

(2) On January 11, 2017, the Defendant completed each registration of ownership transfer with respect to the housing (one story 62.81 square meters, two stories, and 36.36 square meters (hereinafter “Defendant’s land or housing”) with two-storys of a wooden tank and a bridged roof adjacent to the instant land.

B. (1) On the ground of the instant land, the lower court held that the instant land and the instant building were newly constructed prior to the acquisition of the instant land and the instant building, and that the instant land were two wooden and bridges.

(2) The Defendant’s land is adjacent to the right-hand side of the instant land without fence, and as indicated in the attached Form 1, the steel stairs are located in the second floor of the instant housing on the ground of the area of 7m2 in the ship, which is connected to each point of 1, 2, 3, 4, 1, and 7m2 in sequence, among the Defendant’s land.

(3) As shown in the cadastral map No. 2, the instant land is connected with F-Road (hereinafter “the instant meritorious road”), which is a meritorious road, and the road leading to a meritorious road from the instant land is packed with cement structures in the rectangular shape, the width of which is about 87 cm.

[Grounds for recognition] The whole or part of Gap 2-6, Eul 2 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s summary of the instant assertion is extremely narrow, but it is merely merely a extremely narrow width, and thus, cannot be said to have practically contributed to the Plaintiff’s acquisition of the Defendant’s land without passing a portion of 7 square meters on a ship indicated in the annexed Form 1 (A) that had been passing through prior understanding.

However, the Defendant’s acquisition of the Defendant’s land closed the 7m2 on board, which is an existing passage route, while carrying out the new construction of the building.

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