주위토지통행권확인 및 담장철거 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. As a result of the on-site verification conducted by this Court, the following facts are acknowledged in full view of the results of the appraisal commission to the Vice-Governor of the Korea Land Information Corporation and the purport of the entire pleadings, as well as the results of the on-site verification conducted by this Court.
A. Since April 22, 2004, the Plaintiff owned the land E (including this site, all of the land to be raised in the Fdong in the ethic City, and therefore, the Plaintiff is located in the Fdong in the ethic City. hereinafter, the land number and land category are to be indicated only in the land) and its above ground, and resides therein. Since March 25, 1987, the Defendant owned the adjacent G entire in the E site immediately adjacent to the E site, and is residing therein by newly building the land on or around January 25, 1994.
(B) The fence of this case seems to have been installed at the time of the Defendant’s new construction of the above ground house.
On September 27, 2010, GJ owned by the Defendant was divided into G site owned by the Defendant and C roads owned by the Defendant.
(c) The current status of E site, G site, this case’s wall, this case’s part, and (a) and (b), and neighboring land are as shown in the attached appraisal report, and as shown in the cadastral map No. 6 of the attached Table No. 6.
D Roads are owned by the Republic of Korea, by the Republic of Korea, by the H, by the K, and by the J site, by the K.
E. On April 22, 2004, when the Plaintiff acquired the ownership of the E site and its ground, the coloring part of the existing road map in the attached Form was offered to the general public for the passage of the general public (which was possible for vehicle traffic; hereinafter “existing road”), and the Plaintiff has access to the road by using it as a passage.
F. However, around January 2018, I interfere with the Plaintiff’s existing road traffic by sticking a pipe on the part of the existing road among H land, the part of which is part of the existing road (hereinafter “instant decline pipe”). As a result, the Plaintiff may walk along, or walk over, the road to the public service from the site E using the existing road. However, it is possible for the Plaintiff to walk along, or pass over, the road.