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(영문) 수원지방법원 여주지원 2017.03.23 2016가단52021

주위토지통행권확인 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 25, 2015, the Plaintiff completed the registration of transfer of ownership on the ground of investment in kind on February 25, 2015 with respect to 3,877 square meters of forest land and G 4,632 square meters of forest land (the Plaintiff’s land No. 1 and 2) in Gyeyang-gu, Gyeyang-do.

B. On May 29, 2002, the defendant completed the registration procedure for transfer of ownership on the land of this case Nos. 1, 2, 3, and 4 on January 1, 2002 due to the inheritance due to the consultation and division as of January 1, 2002.

C. The current status of the location of the land and the surrounding land owned by the Plaintiff is as shown in the attached Form 2. Of the surrounding land, the land owned by the Plaintiff is divided into the land owned by the Plaintiff, which is divided into the land owned by the Plaintiff and the land owned by the Plaintiff, with the area of 4,187 square meters of Han-gun, Gyeonggi-do, Yangyang-gun, 2,944 square meters of specific forests, and J

[Evidence Evidence: Evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply)

(ii)each entry in evidence Nos. 3, 4, and 5 and the purport of the whole pleadings

2. From the first and second lands owned by the Plaintiff, in order to reach K’s contribution from the 1 and second lands owned by the Plaintiff, each of the instant lands owned by the Defendant should pass along the instant land, and since the beginning of the 2000s, a road with a width of 3 meters, where a motor vehicle can move, has been constructed.

Although there is a narrow range on each land of this case to the extent possible to see, it is necessary to use the land owned by the plaintiff 1 and 2 for farming purposes or to practice trees necessary for the reclamation of land owned by the plaintiff 1 and 2 as an orchard in the field of orchard, it is necessary to use the road of this case to the extent that it is 2.5 meters wide from the street where it is possible to enter and leave the track or truck.

However, from 208 to 2008, the Defendant set up a enormous and net on each of the land in this case and obstructed the Plaintiff’s passage.

Therefore, the plaintiff seeks confirmation to the defendant that he has the right of passage over surrounding land on the road of this case, and the defendant removes the enormous and network installed on the ground of this case, and the obstacles impeding the plaintiff's passage on the road of this case.