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(영문) 의정부지방법원 2014.06.12 2013가단38954

주위토지통행권확인

Text

1. The Defendants are each indicated in the separate sheet No. 2, 3, 4, 5, and 2 among the 6th 19th 1st 6th 1st 1st 6th 6th 1st 9th 6th 1

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 552 square meters in Namyang-si, Namyang-si (hereinafter “Plaintiff-owned land”), and the Defendants are co-owners who own one half of 2 1/2 of the 9th 2nd 6th Man-si, Namyang-si, the neighboring land owned by the Plaintiff (hereinafter “Defendant-owned land”).

B. The Plaintiff-owned land is not allowed to enter the public road without having access to the part of 16 square meters, which is part of 1,181 square meters of Ganju-si Gan-si, which is adjacent to the Plaintiff-owned land, as well as the land owned by the Defendants, in the same manner as the land owned by the Defendants, on the ship with the marks indicated in the attached drawing Nos. 2, 3, 4, 5, and 2 among the land owned by the Defendants (hereinafter “instant part of land”).

C. The Plaintiff acquired the Plaintiff’s land from around 1970 to around 2010, as a passage along the F-owned land, was a farming shed. On January 201, 2010, F interfered with the Plaintiff’s passage by blocking the existing passage of the road, and it did not set up a farming shed from that point to that point.

The Plaintiff filed a lawsuit against F to confirm the right to passage over surrounding land with this Court Order 2013Kadan7615, and completed the survey and appraisal. As a result of the appraisal, the Plaintiff confirmed that the area required for using F-owned land is 16 square meters in the event the Plaintiff uses F-owned land as a passage way to reach a contribution from the land owned by the Plaintiff, and that the area was 9 square meters in the event the instant land was used, and thereafter, the Plaintiff withdrawn the said lawsuit against F and filed the instant lawsuit against the Defendants

E. At present, a vinyl is installed in the land owned by the Plaintiff, and the number of bamboo is planted, and there is an index of about 1m of the part adjoining F-owned land and the part adjoining a meritorious deed, and the part adjoining the instant land and the part adjoining a meritorious deed is about 2m.

[Ground of Recognition] Unsatisfy, Gap evidence 1 and 4 evidence 1, 2, Gap evidence 2, and Gap.