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(영문) 수원지방법원 2017.05.10 2016나70765
지료
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. The ownership was transferred to K (Defendant D Co., Ltd. and the representative director of L Co., Ltd.) on June 17, 2002. On April 20, 2015, the Plaintiff acquired ownership by purchasing it in the process of compulsory auction on real estate.

B. Defendant B owned M land and ground buildings in Gwangju City; Defendant C owned N land and ground buildings; Defendant E owned P land and ground buildings; Defendant F owned P land and ground buildings; Defendant G used, Q, R, land and ground buildings; Defendant D Co., Ltd owned T ground buildings from August 22, 2007 to October 16, 2016.

(The location of each land is the road in this case by reference to the attached cadastral status as well as by referring to the section on the top line.

L obtained the consent from J, which was the owner of the instant road, to use the instant road as a site for the road, around July 1996, and then constructed the instant road located between the said construction site and the meritorious road while constructing the building on the Gwangju Q and R ground currently owned by Defendant G. D.

The road of this case was changed from May 23, 2002 to a road on the answer, and its land category was cement packaging, and the defendants were used as a passage to and from the building owned by them for the purpose of having access to a public road.

E. Prior to the Plaintiff, J and K owned the instant road did not demand the user of the instant road, including the Defendants, to compensate for the use of the road.

[Ground of recognition] Facts without dispute, Gap 1, 2, 11 (for each number, including branch numbers; hereinafter the same shall apply), Eul 9-1, Eul 1, 2, 4, 5, 6, 8, 12, 17, 18, and Eul 1-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendants occupied the instant road as a passage, and therefore, the Plaintiff, the owner of the instant road, is the Plaintiff.

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