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(영문) 청주지방법원제천지원 2014.11.20 2013가단1507

주위토지통행권확인

Text

1. For the plaintiffs:

A. Defendant C: (a) [Attachment] out of 1,002 square meters for E incheon-si;

1. Drawings 23, 24, 25, 41, 42, 15, and 23, respectively;

Reasons

1. Basic facts

A. Plaintiff A is the owner of 1/5 share of a house newly built on October 15, 2012, Hacheon-si G (hereinafter “G”) and Hacheon-si G (hereinafter “G”) and on its ground, and Plaintiff B is the owner of a house newly built on June 17, 2010, adjacent to the said land.

B. Defendant C is an owner of 1,002 square meters adjacent to H land, and Defendant D is an owner of 612 square meters prior to F.

(c) Attached Form among the currently 1,002 square meters in E large scale;

2. The portion (D) in the ship that connects each point of 5, 6, 7, 29, 30, 31, 32, 33, 34, 26, 27, 28, 16, and 17 of the same map as the part on board that connects each point of 60 square meters and the part on board (b) of 17, 22, 23, 24, 36, 15, 16, and 17 of the same map, among the 612 square meters and the part on board that connects each point of 24, 35, 26, 34, 33, 32, 31, 39, 38, 37, 36, and 24 of the same map, shall be deemed as the attached Table 54 [Attachment 54] of the same map;

3. Part of the drawing is being used as a road connecting each of the lands owned by the Plaintiffs with each of the above lands.

Plaintiff

B Form B against L, the owner of the area of 4,208 square meters and the area of 1,183 square meters adjacent to H land in Cheongju District Court support, and against L, the owner of which is the owner of the area of 1,183 square meters adjacent to K

3. A lawsuit was filed to seek confirmation of the right to passage over surrounding land regarding part of the drawing(s) (No. 2012da2114). On February 22, 2013, the above court rendered a judgment dismissing the Plaintiff’s claim on the ground that the above part including the road in this case exists, and the judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 10-1 through 4, Gap evidence 15, Eul evidence 3, 7-10, Eul evidence 12-1 through 4, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion is prohibited from entering and leaving a public road without passing through the instant road, and the part that connects the width of 220 cm from the center line of the instant road requires the passage of the vehicle.