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(영문) 춘천지방법원원주지원 2017.08.23 2016가단37326

주위토지통행권확인

Text

1. The defendant shall be the plaintiff.

A. Of the land size of 1868 square meters in Kuju-si, each point of the attached Form 31, 32, 33, 34, and 31, among the land size of 1868 square meters in order.

Reasons

1. Basic facts

A. On April 1, 2007, the Plaintiff obtained permission to collect earth and rocks from the original mayor, and from that time, operated quarryings on two lots outside the land D in the original city, from that time, and conducted the collection of earth and rocks, etc. (hereinafter “the instant quarrying”).

The Defendant is the owner of the land of 1,868 square meters (hereinafter “instant land”) prior to C in the Hanju-si adjacent thereto.

B. From April 2007, the Plaintiff had been operating the instant Quarrying in sequence of 31,32,33,34, and 31, among the instant land, having access to the portion (g) size of 200 square meters in the ship (hereinafter “instant land”) connected with each point of 31,32,34,34, and 31, and to the portion (g) of the attached Table 19,64,65, 66, 32, 32, 48, 47, and 19, among the area of 1,951 square meters in the land before Haju City, with the order of 129 square meters in the ship (B), 32,32, 34, 67, 69, 70, 72, 73, 765, 54, 565, 57, 565, 564, 57, 565, 565, 564, 5, 57

C. In addition to the passage of this case, it is not possible to enter public roads from the stone collection ground of this case.

In around 2012, the Plaintiff filed a lawsuit seeking confirmation of the right of passage over (B), (d), and (f) portion of the passage route of the instant case against the G church, the owner of the E and F land (hereinafter referred to as the “instant church”) and received a favorable judgment (Skcheon District Court 2012Ga14271). The said judgment became final and conclusive as it is.

E. On November 25, 2012 and November 25, 2015, the Plaintiff consented to the use of the instant land portion as a passage for the instant stone collection site entry by H, the former owner of the instant land.

F. The Defendant purchased the instant land from H on July 29, 2016 and on August 10, 2016.