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(영문) 수원지방법원 2018.10.18 2017나82802
주위토지통행확인 등
Text

1. The plaintiff's appeal and the changed and expanded claim in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. The Plaintiff is the owner of 1,071 square meters and F 986 square meters in Seongbuk-gu, Sungnam-si. Defendant B is the owner of the instant land adjacent to the instant land and G 1,10 square meters in size, and Defendant C is the manager of the instant land.

The land of this case is adjacent to the road, but each of the lands owned by the plaintiff is vacant land.

(2) On September 12, 2005, the Plaintiff and Nonparty H permitted H to construct one building (C Dong) on the land E and F. H at its own expense, and H to construct the said Cdong at its own expense, and the name of the owner of the building is jointly made between the Plaintiff and the Defendants, and H to use and profit from the building for five years after the new construction.

The Plaintiff entered into an agreement to transfer its possession to the Plaintiff.

Defendant B and H continued to construct two buildings (A and B) on the instant land and G land, and Defendant B permitted the construction of a road of 8 meters wide on the instant land for the construction of the said Cdong building. H, at its own expense, shall construct the said A and B building, and the owner of the said building shall be jointly with the Plaintiff and the Defendants, and H shall use and benefit from the building for five years after the construction of the said building.

The Defendant B entered into an agreement to transfer his possession to Defendant B.

(hereinafter referred to as “instant agreement” in total between the Plaintiff and the Defendant B and H. Meanwhile, development charges (including the part of the land owned by the Defendant B) incurred in the course of implementing joint projects under the instant agreement (including the part of the land owned by the Defendant B) were fully borne by the Plaintiff following consultation between the Plaintiff and H.

(3) In 206, H constructed a building (i) building on E, etc. owned by the Plaintiff (hereinafter “A building”); (ii) a single-story building with a total floor area of 367 square meters on F land owned by the Plaintiff (hereinafter “B”); and (iii) a building building on the instant land owned by the Defendant B and G land owned by the Defendant (hereinafter “III”); and (ii) a building on the instant land owned by the Defendant B (hereinafter “A building”); and (iii) a building is contrary to the construction permit and its adjacent area.

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