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(영문) 부산지방법원동부지원 2016.11.25 2016가합100965
주위토지통행권확인 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a housing redevelopment association that implements a housing redevelopment improvement project on the land of Busan Nam-gu.

B. On August 16, 199, Plaintiff A completed the registration of ownership transfer with respect to shares of 1/2 out of 1,035 square meters of forest E, Nam-gu, Busan (hereinafter “1 forest”) and Plaintiff B completed the registration of ownership transfer with respect to the remaining shares of 1/2 out of forest land No. 1 on April 18, 201.

C. On July 3, 2015, the forest land No. 1 was divided into the area of 833 square meters of forest land E in Nam-gu, Busan (hereinafter “one forest land after division”) and real estate listed in the attached Table 1 (202 square meters of forest land in Busan-gu).

On June 26, 2015, the defendant completed the registration of ownership transfer on June 5, 2015 with respect to the real estate listed in the attached list 1.

G on May 25, 1987, the registration of ownership transfer is completed with respect to H 665 square meters of land in Nam-gu Busan (hereinafter referred to as “second forest”).

E. On July 3, 2015, the forest land No. 2 was divided into the area of 198 square meters of H forest land in Nam-gu, Busan (hereinafter “the area of 2 forest land after the division”) and real estate listed in the attached Table 2 (the area of 467 square meters of land in Busan-gu I forest land).

F. The Defendant is in the process of installing a fence on real estate in the annexed list 1 and 2 divided from forest Nos. 1 and 2, and the retaining wall construction is in progress.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the result of on-site inspection by this court, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The key points of the Plaintiffs’ assertion are as follows: (a) the indication of the annexed drawing (1), (2), (3), (4), (5), (6), and (1) the part of the ship connected with each point in sequence (hereinafter “instant passage”) prior to the division of the forest and field No. 1, and entered the forest and field No. 1 using the

However, after the real estate stated in the attached list 1 and 2 in the 1 and 2 forests has been divided, the defendant constructed a fence on the real estate stated in the attached list 1 and 2 containing the passage of this case, and installed a retaining wall, and the plaintiffs did not have access to the 1 forest after dividing it into the passage of this case.

1 The primary argument.

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