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(영문) 수원지방법원 평택지원 2018.08.10 2017가단61353
주위토지통행권확인 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The status of the parties, Plaintiff A, and Plaintiff C, and D are co-owners, Plaintiff C, and Nonparty N-owned land with the size of 689 square meters of I forest land in Ansan-si and 883 square meters of land and the 4th floor building in Ansan-si. Plaintiff E, Plaintiff F, and G are co-owners of 689 square meters of K forest in Ansan-si, and Plaintiff E are co-owners of 689 square meters of land in Ansan-si, and Plaintiff C, E, A, B, F, and F, and Nonparty N are co-owners of the 292 square meters of land in Ansan-si.

The defendant is the owner of the above land who acquired ownership on the ground of donation around February 18, 2016 from the non-party Co., Ltd., which was the owner of 1,204 square meters of H forest in Ansan-si.

B. The details of the Plaintiffs’ permission for development of each land owned by each of the Plaintiffs were 3,295 square meters of PP forest in Ansan-si. On January 201, 2016, Plaintiff C obtained permission to engage in development activities with a total floor area of 115 square meters per unit of Class 1 neighborhood living facilities and retail stores of Class 1 neighborhood living facilities, and a total area of 115 square meters per unit, and thereafter divided into each land owned by the Plaintiffs.

As stated in paragraph (1), ownership has been changed, and the details of initial permission for development have been changed as follows, and the plaintiffs build four buildings according to permission for development activities and own them as above.

I Forest land (Plaintiff A, B) around May 26, 2016, the use of around May 26, 2016 is 1,2-type neighborhood living facilities, 4 floors, and 432.87 square meters in total floor area, and 889 square meters in K forest land (Plaintiff C, D, E) around May 26, 2016, around May 26, 2016, the use of which is 1,2-type neighborhood living facilities, 4 floors, and 689 square meters in total floor area (Plaintiff F, G), the use of which is 689 square meters in total area (Plaintiff F, G), around May 26, 2016, is 1,2-type neighborhood living facilities, 4 floors, and 781.2 square meters in total area.

C. In the Defendant’s Ansan-si, the background leading up to the acquisition of ownership of H 1,204 square meters of forests and fields and the progress of land utilization (1) the O Co., Ltd. was to promote the new apartment construction project on Q and R forest land adjacent to the Plaintiff’s land, and 1,204 square meters of H forests and fields (S prior to the division) as an apartment access road, and carried out the development project.

(2) above.

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