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(영문) 서울동부지방법원 2019.02.22 2017가단125819
통행권확인 등 청구의 소
Text

1. The Plaintiff:

A. The defendant Gwangjin-gu in Seoul Special Metropolitan City indicates 1, 2, 3, 4, 5, and 1 of the annexed drawings among the area of 325 square meters in J Park.

Reasons

1. Facts of recognition;

A. The Plaintiff’s land ownership and use relation 1) The Plaintiff’s land ownership and use relation N in Gwangjin-gu Seoul Special Metropolitan City on August 30, 1974 (hereinafter “N”).

2) The Plaintiff’s land owned by the Plaintiff is 165m2

A) After completing the registration of ownership transfer based on sale and purchase, the Plaintiff had resided on the land (unauthorized buildings) with his family from July 23, 1987 to move-in as well as the moving-in report. 2) The Plaintiff sought to rebuild the Plaintiff’s land housing after being worn-out around 2007, but the Defendant Gwangjin-gu ordered the suspension of construction and voluntary removal on August 6, 2007 on the ground that the said housing was an unauthorized building. Since then, the Seoul Special Metropolitan City announced that the construction of urban planning facilities for the installation of a park, including the Plaintiff’s land, became impossible to newly construct and rebuild the building, because it was decided to install a new urban planning facility for M and 24 lots including M as the

The plaintiff did not rebuild the above house and moved his residence to Q apartment in Gangdong-gu Seoul Metropolitan Government around 2007.

3) Since then, the Defendant Gwangjin-gu established a plan to revise (a) the determination of urban planning facilities (park) around September 2014, as the project of the above urban planning facilities was not determined for a long time. 4) The land owned by the Plaintiff is classified as a site, but is surrounded by M forest, R site, S site, and T site. The Plaintiff has entered the land owned by the Defendants for a long time by using the portion indicated on the sound passage along the relevant drawing (hereinafter “current passage”).

B. The Defendant Gwangjin-gu, which owned neighboring land by the Defendants, is the owner of J Park 325 square meters and manages the said land as a park site.

Of the above land owned by the Defendant in Gwangjin-gu, part 1 square meters in the line, which connects each point of 1, 2, 3, 4, 5, and 1 of the attached drawings, and each point of 6, 7, 8, 1, 5, 4, and 6 of the same drawings, are the part 2 square meters in the line, which connects each point of 6, 7, 8, 1, 5, 4, and 6 of the attached drawings.

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