Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff purchased the above land as a plan to operate a real estate rental business and completed the registration of ownership transfer on January 26, 2010 by removing the existing building from the J land in Gangnam-gu Seoul Metropolitan Government (hereinafter “I”) (hereinafter “instant land”).
B. On January 26, 2010, the Plaintiff borrowed KRW 500 million from the Youngjin Savings Bank in order to raise funds for the purchase of the instant land from a limited partnership company (hereinafter “Yjin Mutual Savings Bank”), and completed the registration of the creation of a mortgage over the instant land with the maximum debt amount of KRW 700 million. On the same day, the Plaintiff completed the registration of the creation of superficies for the purpose of owning buildings, other structures, or trees on the entire land, with the period of existence as the superficies holder from January 26, 2010 on the same day.
C. At the time, Defendant B and F were residing in the ground of the K land, and Defendant D owned the land, Defendant C’s land, Defendant C’s land, Defendant H’s N, and Defendant G owned the land, respectively, and each of the said lands is located in the vicinity of the instant land.
On the other hand, from around 1973 to around 1973, there was a passage of a large of 3 meters wide between the existing building on the instant land and the existing building on the P land adjacent thereto, and neighboring residents have used it as a passage to QV road, which is a neighboring meritorious road. On January 1, 1975, R acquired the instant land and re-built the building on the said ground, and the width of the said passage became wider than 4 meters.
(hereinafter referred to as the “instant road”). (e)
The Plaintiff removed existing buildings on the instant land from February 2010 to March 201 of the same year, and obstructed neighboring residents, including the Defendants, by blocking the front and rear of the instant road from July 10, 2010.
F. Accordingly, 36 persons, including the Defendants.