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(영문) 서울중앙지방법원 2014.01.13 2012가단138312
주위토지통행권확인 등
Text

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

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

Reasons

1. Basic facts

A. On May 31, 2002, K forest land 36,363 square meters (hereinafter “instant project site”) was divided into K and L or M 13 lots.

B. Among the instant land for the instant project, the Plaintiff, B, and the 1,548 square meters of forest land in the name of the Plaintiff, C, and the 1,547 square meters of forest land in the name of the Plaintiff, and the 1,547 square meters of forest land in the name of the Plaintiff D and E were completed.

C. Meanwhile, after the division, Q2 in the Suwon-si is subject to registration conversion into R, and after the registration conversion into R, S land was divided into J, etc., and 2,337 square meters in the I forest were divided into Defendant F, G, and J forest 3,026 square meters in the name of Defendant H.

Since the land N,O, and P is located inside the instant project site owned by the Plaintiffs, the Plaintiff A, B, and C is located in the inside of the instant project site, and the Plaintiff A, B, and C is not entitled to enter the road without making an indication of the drawings in attached Form 1, 11, 2, 3, 4, 9, 8, 14, 5, and 1 among the 2,37 square meters of forest I forest land in Yong-si owned by the Defendant F and G (hereinafter “instant land”); the Plaintiff D, and E are not 248 square meters in part of “bbbbb” in the instant case (hereinafter “instant land”); and the Plaintiff D, and E are merely 407 square meters in part of “b” portion of the instant land (hereinafter “instant land”) connected with each point of the Defendant H-owned forest J 3,026 square meters in sequence.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number), the result of the measurement appraisal commission to the Korea Cadastral Corporation, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the assertion is that the Plaintiff, A, etc. and the Defendants jointly developed the instant project site from around 2002, and all roads, such as roads, are not secured on the access road to the project site and the plan, and the access road and the project site to the instant project site are secured by securing 700 square meters in a way that all owners provide some equity shares by equity.

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