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(영문) 인천지방법원부천지원 2016.08.25 2016가단1726
주위토지통행권확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of B forest land B 29,810 square meters (hereinafter “the Plaintiff’s land”). The Defendant is the project operator of the D Housing Site Development Project designated as a planned area for housing site development as C in the Ministry of Construction and Transportation public notice, and each real estate owner listed in the separate sheet (hereinafter “each of the instant land”).

B. The Plaintiff owned 52,070 square meters of land B in Kimpo-si, Kimpo-si (hereinafter “instant partitioned land”). The instant partitioned land was divided into 17,958 square meters of land indicated in the Plaintiff’s land, No. 9 of the attached table No. 9, and 17,958 square meters of land in Kimpo-si, Kimpo-si, and the Defendant acquired the remainder of the divided land except the Plaintiff’s land among the divided land, as above, for the instant housing site development project on December 29, 2006, and completed the registration of ownership transfer.

C. The land prior to the instant subdivision was connected to a road, and as such, the part of the land that the Defendant acquired was connected to the road, and thus, the Plaintiff’s land, which was the Plaintiff’s ownership, was a blind spot that did not adjoin the road that was a meritorious road.

On the other hand, the defendant acquired part of each of the lands of this case as public land by consultation and completed the registration of transfer of ownership as follows.

Attached Table No. 1 F. 2 on May 25, 2006, No. 5. 206 May 25, 2006, No. 2 F. 2 on May 25, 2006, 2006, No. 3 G No. 17 May 17, 2006. 5.22, No. 4, May 17, 2006. Attached List No. 5, No. 1, No. 7 J. 17, 206 May 17, 2006, No. 2006 May 22, 2006, No. 77 J. 2, 206, Dec. 22, 2006, the list No. 8. 2016. 5. 26. 27. 205. 29. 26. 206. 25, 2006

The Defendant, including each of the instant land, is creating Green Park L (hereinafter “instant park”) on the land acquired through consultation as above, and the instant park is located.

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