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(영문) 대전지방법원공주지원 2017.11.30 2017가단21168

주위토지통행확인의 소

Text

1. The defendant shall be the plaintiff.

(a) The attached appraisal map among the land size of 256 square meters in the Coinju City shall be marked 1, 2, 3, 4, 16, 15, 14, 13, 12, 11, 10;

Reasons

1. Basic facts

A. On January 18, 2006, D divided the instant site into F-788 square meters (hereinafter “the instant site”) in the official city in the official city in the official city (hereinafter “the instant site”) and C-Large 256 square meters in the official city in the official city in the official city (hereinafter “the instant site”), etc. (hereinafter “the instant site”).

B. On May 2, 2014, the Plaintiff completed the registration of ownership transfer on the instant Plaintiff’s housing site based on a voluntary auction on the same day. On September 5, 2016, the Plaintiff newly constructed, on the instant Plaintiff’s housing site, a house of reinforced concrete structure (refinite concrete roof) with the first floor of 98.73 square meters, the second floor of 57.51 square meters, and the second floor of 41.76 square meters (hereinafter “the instant Plaintiff’s housing”).

C. On April 6, 2017, the Defendant completed the registration of ownership transfer on the instant Defendant’s land adjacent to the instant Plaintiff’s site based on sale as of April 5, 2017.

The current status of the Plaintiff’s site and the Defendant’s site are as shown in the attached cadastral map.

E. After purchasing the Defendant’s site, the Defendant installed a banner seeking prohibition of passage on the Defendant’s site, and obstructed the Plaintiff’s passage by using a vehicle, etc.

[Reasons for Recognition: The purport of the whole entry or pleading of the evidence of No. 1-1, 2, 3, and 3-1, 2, 3, and 4-1, 5]

2. In full view of the above basic facts as to the cause of the claim, and the descriptions or images of Gap evidence Nos. 2, 3, 4, 6, and 7 (including numbers), and the result of the on-site inspection by the court of this case, and the following circumstances, which can be acknowledged by the purport of the whole pleadings, the plaintiff has a right to passage over surrounding land under Article 219 (1) of the Civil Act as to the part 12, 12, 11, 10, and 10 square meters in line with the defendant's land of this case (hereinafter "road of this case"), which connects each point of Gap evidence Nos. 2, 3, 4, 16, 15, 14, 13, 12, 11, 10, and 1.