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(영문) 수원지방법원여주지원 2016.07.07 2015가단6342
주위토지통행권확인
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. On November 18, 2002, the Plaintiffs jointly purchased shares of 1,322.5/4,419 shares from N on the same day and completed the registration of ownership transfer on the same day.

Of the above land, the 1,774/4,419 shares, N in the said land, was divided into O 1,774 square meters on the ground of co-owned property partition on January 22, 2003, and the Plaintiffs shared 2,645 square meters (hereinafter “instant land”) prior to the Gyeonggi-si L, the remaining Gyeonggi-gun, which was divided as above; hereinafter referred to as “the land”).

Plaintiff

B on September 17, 2014, the registration of ownership transfer was completed on September 16, 2014 by Nonparty Q for sale on the ground that 165/2645 shares of the shares in the instant land were transferred to Nonparty Q.

The non-party R, who was adjacent to the instant land, set up a reinforced concrete retaining wall (hereinafter “the instant retaining wall”) with a thickness of 30 centimeters, approximately 70 meters in length, underground 1.5 meters in height, and 4 meters in height above ground (hereinafter “the instant retaining wall”), was supplied as a wall of the said electric source housing complex after the partition, which, around 1994, constituted a serious sloped area adjacent to the instant land, around 5,903 square meters in connection with the instant land. After the partition, M& was provided as a private road within the electric source after the partition of concrete packaging.

The land of this case is now in a state of miscellaneous and miscellaneous land. The north side of the land of this case is surrounded by forests and fields. The part adjacent to T land and M is surrounded by the retaining wall of this case. The remainder of the south side is adjacent to U land, and there is no retaining wall between them. The part adjacent to U land of this case is somewhat slope.

around October 2004, 751 square meters prior to the above division, 51 square meters prior to W, 446 square meters prior to X, and 35 square meters prior to X.

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