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(영문) 춘천지방법원속초지원 2015.07.30 2013가단2735

주위토지통행권확인

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1. Of the land size of 350 square meters prior to Gangnamyang-gun D, the Plaintiff indicated in the attached Form 12, 13, 20, 15, 16, 4, 5, 6, 17, 18, 19, 11, and 12.

Reasons

1. The facts following the facts do not conflict between the parties, or may be found in full view of Gap evidence Nos. 1 to 10, Eul evidence No. 18 (including paper numbers), the results of this court’s request for the measurement and appraisal of the Seochoyang branch, which belongs to the Gangwon Regional Headquarters of the Korea Land Information Corporation, and the results of this court’s on-site inspection and the whole purport of oral arguments.

The Plaintiff, as the father of F, who is the owner of 704 square meters (hereinafter “instant land”) prior to Gangseoyang-gun, Yangyang-gun, the Plaintiff leased the said land from F to reside in the above land’s house from around 2010, while living in the above land’s house, and used a vehicle for cultivating the above land and transporting agricultural products harvested therefrom.

B. The area of 350 square meters (hereinafter “instant D”) and G 2,621 square meters (hereinafter “instant G land”) prior to the Gangseoyang-gun, Seoyangyang-gun D are both connected to the G road in Yangyang-gun, Suwonyang-gun (hereinafter “instant road”), and are in contact with each other.

C. Since around 1990, G land was used as a road passage for gathering earth and rocks and for village residents. Since around 2008, as the access road was closed on the above land, the part (a) part of the ship connecting each point of the annexed drawing No. 2, 2, 3, 4, and 1 of the above land (hereinafter “instant existing access road”) was used as a vehicle passage leading to the instant land by village residents by the village residents.

The Defendant (Withdrawal) purchased the instant D and G land from the I on March 22, 2007, and completed the registration of ownership transfer on March 28, 2007.

After that, the Defendant (Withdrawal) installed each concrete structure and steel network on the boundary of the instant road and the instant G land and the instant road, and on the boundary of the instant land, and the instant D land. As a result, not only the Plaintiff’s agricultural products transport vehicles but also the vehicle traffic of residents in other villages became impossible.

(e) this;