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(영문) 대전지방법원 천안지원 2021.02.17 2019가단108905

주위 토지 통행권 확인 등 청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 11, 2015, the Defendant purchased a total of 878 square meters (hereinafter “D”) and a total of 925 square meters (hereinafter “D”) prior to Asan-si, Asan-si, and constructed electric power supply houses and pents.

B. On May 31, 2017, the Plaintiff sold 67/618 shares (20 square meters) in the purchase price of KRW 4,000,00, among the 618 square meters of land adjoining to D land owned by the Defendant to the Defendant (hereinafter “E land”).

(c)

B. The Defendant, as the owner of D on May 31, 2017, which was the date of the port sale contract, consented that the Plaintiff would permit the use of a part of D’s land for entry into E and would not raise any objection.

‘Written Declaration of Contents' was signed.

(d)

Plaintiff

The land owned by E has a grave, and some of the land is cultivated with crops such as a rooftop, etc., and the plaintiff has access to E-land through F road in the contribution of Domination.

[Grounds for Recognition: Evidence No. 1-2 of Evidence No. 1-1 to No. 4-2, Evidence No. B-1 to No. 4, each entry and video No. 1 to No. 4, witness G and H's partial testimony, the result of the on-site inspection by this court, the whole purport of the pleadings]

2. The Plaintiff’s assertion: (a) purchased 20 square meters from the Plaintiff on May 31, 2017 among the land E; and (b) instead of disuse of 90 square meters from the F farm road to newly construct a new house, the Defendant promised to open a road by expanding the F road between D and I land to three meters wide so that the Plaintiff may enter the land; (c) however, even though the Defendant promised to open a road by putting up the F road up the road over a 1m or 2m in length over a narrow channel with a length of about 30 meters, up to 1m or 2m in width; and (d) the Plaintiff could not open a road with a width of 3m wide; (c) as indicated in the purport of the claim against the Defendant, the Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8m or 18m, 30m or 18m, 14, 17.