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(영문) 수원지방법원 성남지원 2017.01.10 2015가단219114
주위토지통행권 확인 등
Text

1. The defendant is against the plaintiffs:

A. Each point of the Attached Map Nos. 1, 2, 3, 4, and 1, among the lands listed in the Attached List, shall be in sequence.

Reasons

1. Basic facts

A. D owned land of 330 square meters prior to Gwangju City, E (hereinafter referred to as “F surface”) and land of 330 square meters prior to G. H owned land adjacent to the said land (hereinafter referred to as “instant land”). However, the form is as follows.

(5)

B. Meanwhile, D intended to construct each house on its own land.

However, around the land owned by D, a road with a width of 6 meters wide was set up on J land ( ⑤ display part). However, the said road did not directly lead to D’s land.

D) On December 207, 2007, D obtained the use and consent of the instant land from H, which was the owner of the instant land, which was adjacent to the said road and contacted D’s land, and thereafter performed a function as a road, such as flatation, on the instant land.

C. Plaintiff A acquired the ownership of land E on September 4, 2013, and Plaintiff B acquired the ownership of G land on March 6, 2015.

In addition, the Plaintiffs also transferred the ownership of the housing constructed on each of the above lands from D.

(The above housing is deemed to have been scheduled and constructed as one parking lot, and there is a place where the plaintiffs can function as a parking lot site on the plaintiffs' land. Meanwhile, on September 6, 201, the defendant purchased the land of this case through auction and acquired ownership.

There is a contribution to the land owned by the plaintiffs (the part indicated by the above drawing). The passage connected to the above contribution from the land owned by the plaintiffs is the width to the extent that one can pass by one person, and it is considerably inconvenient to pass by a slope. If stairs are installed, it is possible to go through a contribution.

In addition, in order to go to the upper contribution from the G land owned by the plaintiff B, E land owned by the plaintiff must be passed.

I JI E.

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