beta
(영문) 울산지방법원 2019.10.16 2018가단69624

주위토지통행권 확인 청구의소

Text

1. The Defendant points out each of the attached Table 33, 20, 21, 34, 35, and 33, among the land size of 1,97 square meters in Ulsan-gu, Ulsan-gu, Ulsan-do.

Reasons

1. Basic facts

A. On May 20, 2002, the Defendant purchased the real estate listed in Paragraph (1) of the Disposition (hereinafter “instant land”) and completed the registration of ownership transfer with respect to the instant land on June 24, 2002. On May 30, 2016, the Plaintiff acquired ownership by selling the land for compulsory auction due to a compulsory auction (hereinafter “Plaintiff’s land”).

B. The Plaintiff’s land and this case’s land were growing before the Plaintiff acquired ownership. However, the Plaintiff’s land is surrounded by neighboring lands, such as the instant land and F, G, and H land, as indicated in the land use planning document, and there was no road directly connected to the neighboring public services. The Plaintiff’s land was traveling into J and K roads near the East East East East Coast, which was a road constructed on the north of the I river, along the bank path installed on the north of the I river.

C. From March 2016, the Defendant obtained the consent of L, the former owner of the Plaintiff’s land, and obtained permission for development activities on the instant land and the Plaintiff’s land, and performed embling construction through the above bank road (which is possible to pass at least 2.5 meters in width; hereinafter “the instant bank road”).

Plaintiff

Since the above banking construction, the land could pass along the same east to the same east through the part (b) (hereinafter “instant passage”) connected with the appraisal of the instant land indicated in the attached Table 33, 20, 21, 34, 35, and 33 in sequence, through the said part (hereinafter “instant road”). However, the Defendant installed a fence (hereinafter “instant fence”) on September 2018, on the part connected with each point of the attached Table 20,35 among the instant land, and the Plaintiff’s land could no longer pass through the road through the instant road.

E. The Plaintiff’s land is passing through a road connected to the instant bank road through the instant road. At present, some seedlings are planted, and some tools, etc. necessary for farming are installed in the warehouse.