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(영문) 수원지방법원성남지원 2019.04.19 2017가단214885

주위토지통행권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 985 square meters (hereinafter “the Plaintiff’s land”). The Defendant is the owner of 132 square meters (hereinafter “the Plaintiff’s land”), E large scale 132 square meters, 840 square meters, F warehouse sites, 737 square meters, and 403 square meters (hereinafter “the Plaintiff’s land”). The Defendant is the owner of 132 square meters (hereinafter “the Plaintiff’s land”), E large scale 840 square meters, F warehouse site, and 737 square meters (hereinafter “the Plaintiff’s land”).

The plaintiff removes the building on the ground owned by the plaintiff and newly constructs the building on the ground.

B. Of the instant land No. 1, there is a chemical team (hereinafter “instant chemical team”) on the part of five square meters inside the ship, which connects each point of the attached Form No. 63, 67, 68, 62, and 63 with the indication of the attached Form No. 1.

C. At present, the land No. 1 of this case is currently used by the Defendant as a road having access to G road 3238 square meters, which is a contribution from his land and building of this case.

On November 14, 2018, the Plaintiff and the Defendant Co-Defendant of the instant case, including H, I, J, and K, and the instant H, etc. were adjusted to the effect that, “Around the 4,810 square meters adjacent to the Plaintiff’s land of the instant case and the instant land, the Plaintiff was permitted to use the part of the Plaintiff’s land and the instant land, which, in turn, connect each point of the attached Form 21, 65, 66, 15, 16, 17, 18, 19, 20, 20, and 21, 65, 66, and 15, added a width of 1m from the boundary line connected each point of the said Map to the Plaintiff (hereinafter referred to as “the Plaintiff’s portion as a “the Plaintiff’s road”).

[Ground of Recognition] A without dispute, significant facts in this court, each entry or video of Gap evidence 1, 2, and 5, the result of the measurement and appraisal commission of M by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the land of this case passed the land of this case owned by the Plaintiff in order to pass a road of 3238 square meters in Hanam-si, which is a contribution to the Plaintiff’s land. The land of this case was installed at the middle of the land of this case, and thus it obstructs its passage.