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인천지방법원 2018.11.15 2015가단72056
통행방해금지
Text

1. The defendant is against the plaintiffs:

A. Of the land size of 887 square meters in Incheon Strengthening-gun D, each point of the attached Form 16, 3, 4, 18, 17, and 16 are indicated.

Reasons

1. Facts of recognition;

A. On May 28, 2010, E, F, G, and H (hereinafter referred to as “the four preceding owners”) were owners who completed the registration of ownership transfer with respect to the land transferred for 4,959 square meters (hereinafter referred to as “previous land”) of the Incheon Reinforcement-gun.

B. Around August 2010, the previous owners agreed to develop a land as farmland and the access road is narrow. On September 9, 2010, the former owners obtained approval for the use of agricultural infrastructure other than agricultural infrastructure from the head of the relevant Gun to the effect that the land may be developed and used as a site for the development project of 104 square meters (in the attached Form drawings, “J-gu” is marked as a place in which the land was owned by the Republic of Korea, and hereinafter “instant ditch”) out of 968 square meters in J-gun, Incheon, which is owned by the Republic of Korea on September 9, 2010, and completed the development project on January 10, 2012 after obtaining authorization for the development project.

C. On February 7, 2012, the previous land was subject to registration conversion into 5,135 square meters of K, K, and 5,135 square meters in Incheon, and on May 16, 2012, the land category was changed to “former.” On October 25, 2013, the previous land was divided into 3,780 square meters before Incheon, K, and 1,355 square meters before Incheon, Incheon, (hereinafter “the instant land”).

On February 25, 2014, the area of 3,780 square meters before K in Incheon-gun, Incheon-gun, was divided into 1,950 square meters before K in Incheon-gun (hereinafter “instant land”) and 1,830 square meters before Incheon-gun M in Incheon-gun.

Plaintiff

A is the owner who completed the registration of ownership transfer with respect to the instant land No. 1 on February 28, 2014, and Plaintiff B is the owner who completed the registration of ownership transfer with respect to the instant land No. 2 on October 31, 2013.

E. On January 19, 1965, the Defendant is the owner who completed the registration of ownership transfer with respect to D & 887 square meters adjacent to the land Nos. 1 and 2 of this case (hereinafter “Defendant-owned land”), and the land owned by the Defendant is adjacent to the meritorious service.

F. From among the land owned by the Defendant, the part 12 square meters of “i” portion (hereinafter “instant land”) is connected in sequence with each point of 16, 3, 4, 18, 17, and 16, the width of the road is 3 meters connected to the instant ditch.