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(영문) 수원지방법원 2018.07.04 2017나76050
손해배상(기)및도로부지범위확인
Text

1. The plaintiff's appeal is dismissed.

2. Of the instant lawsuit, the Plaintiff’s claim for the confirmation of conditional rights added by this court.

Reasons

1. The reasoning for this part of the reasoning is as follows, and this part of the basic facts is as stated in the part of the first instance court's "1. Basic Facts", and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the case where the "paragraph (e) of Article 1." from among the judgment of the first instance.

E. Of the land No. 1 of this case, the portion (a) (hereinafter "a) connecting each point of the attached Table 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 24, and 3 of the attached Table 3, 4, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 19, 20, 20, 20, 21, 221, 22, 23, 24, 24, and 3, 206, excluding the portion (a) out of the land No. 1 of this case, was formed

2. Of the Plaintiff’s assertion, the part on the instant land No. 1, which was part of 2515 square meters, which was the land prior to the partition of the Plaintiff’s land, had been used as a passage of neighboring residents, since there was a road of the width of the instant land No. 1, including natural drainage, ditches, etc., and a non-packaged of the width of 6-7 meters corresponding to the area

Before dividing the land No. 1, the Plaintiff, the owner of the above M, and the Plaintiff, around 2005, agreed on the condition that the part of the land of this case corresponding to the street No. 1, which was the owner of the above M, should be used as a road for the development of the Plaintiff’s housing site, and the land equivalent to not less than 4 meters in width necessary for the building permit under the mutual building law on the land No. 2 of this case owned by the Plaintiff, and not less than 50 meters in length, should be provided as a road site. In other words, the Plaintiff offered the part of the land No. 2 of this case to the network D, which was the owner of the above M, as a road site, was provided to the Plaintiff with the entire part of the land of this case corresponding to the street No. 1, which

Since then, the network D created the housing site in the above M M land due to the implementation of the above special agreement, and January 12, 2009.

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