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(영문) 의정부지방법원 2018.05.01 2017가단100710
주위토지통행권확인청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. G around November 201, 201, G purchased ownership of H 765 square meters in Namyang-si, Namyang-si (hereinafter “Before division”) at an auction procedure.

Since then, the above land was divided into one 78m2, J 348m2, K 182m2, and H 235m2.

B. Since then, G constructed a detached house upon obtaining a lawful construction permit on September 5, 2016 on the ground of the said J land.

Before constructing the above detached house, the following shall apply to the site:

At the same time, G had been established in the same way as the port entry. However, while newly constructing a detached house on that point, G divided the remaining part of the land adjacent to a newly built detached house into L field 50 square meters as shown in the attached Form No. 1, G had neighboring residents, including A, establish a road with a width of about 2 meters (hereinafter “instant dispute passage”) on that point by allowing neighboring residents, including A, to establish a road with a width of about 2 meters (hereinafter “the instant dispute passage”), among the drawings below.

C. Around April 2009, Myang-si, at the time of the implementation of packing construction without the consent of some of the owners of the adjoining land, including the above land before subdivision, including the land before subdivision.

The passage of the packing construction at the time was the following drawings connected to the passage through which N,O, and four other persons (PQS), Q, Plaintiff C, and Plaintiff AB used each land in the field of the instant case to the part of the “contested circuit” indicated in the color color (hereinafter “instant site”), and the passage connected to the above (hereinafter “instant site”) before the packing construction was completed, and the passage was also the only one which can be seen prior to the packing construction. The passage of the vehicle was possible through the packing construction.

O A B C QN D JF

D. The site of the instant right-hand road is a site without any obstacle impeding passage, and the width of the land is to the extent that the passage of the vehicle is possible.

E. G et al. violates the Act on Special Measures for Designation and Management of Development Restriction Zones, the Farmland Act, and the National Land Planning and Utilization Act.

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