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(영문) 수원지방법원성남지원 2013.12.13 2013가합7420
통행권확인 등
Text

1. The part concerning the claim for confirmation of passage among the instant lawsuit shall be dismissed.

2. The defendant shall operate the plaintiffs and the plaintiffs.

Reasons

1. Basic facts

A. With respect to the G field 660 square meters in Gwangju-si, Plaintiff A, while Plaintiff B, with respect to H field 469 square meters, 116 square meters in 16 square meters in J, 90 square meters in 16 square meters in J, and 69 square meters in J, Plaintiff C, with respect to M field 235 square meters in 235 square meters in NA, Nbb 209 square meters in 234 square meters in O, respectively, on November 29, 2012 with respect to 232 square meters in P field, and Plaintiff D, with respect to multi-household housing, is being constructed or scheduled to be constructed on the ground of each of the above land (hereinafter “Plaintiff’s land”).

B. Nonparty Q completed the respective registration of transfer of ownership on May 14, 1998 with respect to the RJ 280 square meters and F 46 square meters (hereinafter “F land”) located in the vicinity of the land owned by the Plaintiffs (hereinafter “instant land”). Nonparty Q newly built the housing on the land owned by Gwangju City around the 29th day of the same month.

C. On the other hand, in front of the R R land in Gwangju City, Troad, which is the main road in Gwangju City, is only the main road in Gwangju City, and the land in this case is located adjacent to the above T Road, and the land in this case is connected to U, V, and W each road in Gwangju City, which passes through the above Village.

In order to prevent damage caused by rain rain around 199, the village residents in Gwangju City performed the construction of an excellent irrigation channel on behalf of the existing farm roads. At the time, the land of this case was installed as an excellent irrigation channel and has been actually used as a road for village residents in connection with T roads.

E. Thereafter, the land in this case is for the same year from May 29, 2000 to the same year.

8. Until December 27, 200, the land of this case and the land of this case were mainly used as roads for village residents in Gwangju City, V, and W as the road was combined with the land of this case and the road width expanded. As such, the land of this case was mainly used as roads for village residents, and the land of Gwangju City was used for individual purposes, such as parking lots, while Qu resided in the R of Gwangju City.

F. Qua died on May 3, 2001.

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