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(영문) 수원지방법원 2017.01.13 2015가합69665
통행금지 등 청구의 소
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 April 6, 2005, Plaintiff A acquired ownership of the instant land: (a) completed the registration of ownership transfer for H 1709§³ (hereinafter “instant land”); (b) sold 798/12595 shares among the instant land to I; and (c) sold 798/12595 shares to I; and (d) Plaintiff B completed the registration of ownership transfer for 416/12595 shares among the instant land on April 6, 2005; (c) sold 1490/12595 shares to J; and (d) Plaintiff C owns the registration of ownership transfer for 2676/12595 shares as of April 6, 2005 by completing the registration of ownership transfer for 5804/12595 shares among the instant land.

B. 1) The creation of the instant road and the designation and public notice 1) The ownership of the instant land, which is the ownership of the portion of 143/12595 shares among the instant land, K, etc. is a electric housing complex of “M” (hereinafter “instant housing complex”) on the ground outside L in the etern City

(2) In the process of building the instant land, etc., a road was constructed on June 17, 2013 on the instant land, etc. (hereinafter “instant road”) under the condition that “road sites in the permitted land (the instant land) may be used for public use, and the lot number division and land category shall be changed so that facilities shall not be installed that interfered with passage,” etc., and upon obtaining permission for development activities to open a road for entering the said housing complex, the instant land, etc. was constructed (hereinafter “instant road”).

(2) On August 20, 2013, the land category of the instant case was changed from forest land to road, and the land category was designated and announced as road pursuant to Articles 2(1)11(b) and 45(1) of the Building Act on August 20, 2013.

(No. 2013-1981) C.

Defendant D, who acquired ownership of each of the instant adjoining land, owns the registration of ownership transfer for shares 2060/220 among N on October 2, 2015, and the registration of ownership transfer forO on October 2, 2015, respectively. Defendant E owns the registration of ownership transfer for shares 2061/220 among N on July 20, 2015.

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