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(영문) 전주지방법원 2021.01.13 2019가단10684

주위토지통행권확인 등

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1. The plaintiff B's lawsuit shall be dismissed.

2. The defendant against the plaintiff A,

A. Of the [Attachment] of the area of 788 square meters in Kim Jong-si D road.

Reasons

1. The Plaintiff, including the current status of the ownership and use of the Plaintiff A and the Defendant’s respective real estate, owns the land of 1,285 square meters for E-factory site and 203 square meters for F-factory site (hereinafter collectively collectively referred to as “instant land”) and the living facilities of the second class neighborhood living facilities (manufacturing facilities, storage, etc.) with the second class below ground, and the Defendant owns D road 78 square meters adjacent to the instant land (hereinafter referred to as “instant surrounding land”).

Plaintiff

B operates a furniture store by leasing part of the land of this case and warehouse from the Plaintiff A.

The surrounding land of this case is adjacent to (G) two-lanes, and among which, the attached Form 20,6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20 is connected in order to each point of (i) the surrounding land of this case, the part of (ii) 725 square meters is used by the defendant and the defendant as a passage.

On the other hand, among the surrounding land of this case, the plaintiffs used the road as a passage along the part of 63 square meters in the ship (hereinafter "road section of this case") connecting each point of the attached Table 1, 2, 3, 4, 5, 6, 20, 19, and 1 among the surrounding land of this case. The plaintiffs set up a road boundary on the line connecting each point of 21, 22, 23, 24, and 25 of the same / [Appraisal Degree] attached Table 21, 22, 25, and the defendant installed a road boundary on the line connecting each point of 21, 22, 25, and 25 of the same / [Attachment] list 1,565 square meters owned by the State and opened a temporary passage along the part of 3 (c).

As such, Kim Jong-si is scheduled to take measures such as administrative fines, changed prize money, etc. concerning the temporary passage of Plaintiff A, and if it is intended to open a temporary passage as a passage, it is necessary to secure a speed of 3.25 meters wide.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 10, 16, and 17, and the result of inquiry into facts about Kim Jong-si, the purport of the whole pleadings as a result of on-site verification

2. In full view of the purport of the entire pleadings as to the Plaintiff B’s lawsuit, Plaintiff B and the Defendant filed the instant lawsuit.