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(영문) 서울서부지방법원 2015.11.13 2015가단11185

주위토지통행권확인

Text

1. Of the instant lawsuit, the part of the claim for confirmation of traffic right and the claim for confirmation of traffic right shall be dismissed.

2...

Reasons

1. As to the Defendant’s claim for confirmation of the right of passage over surrounding land among the instant lawsuit and the Defendant’s claim for confirmation of the right of passage on the road, the Plaintiff: (i) closed the existing passage route used for access to the land, which is the remaining land owned by the Plaintiff, for the purpose of railroad labor-management facilities; and (ii) closed the existing road due to expropriation of F land and existing road into the railway site; (iii) the Plaintiff’s land is not used for each passage; and (iv) the above part of the land as indicated in the Map No. 1 and the Map No. 1 and the annexed Map No. 1 are likely to interfere with its use and profit-making; and (iv) the Plaintiff’s right of passage over the above part of the land is not indicated by the Central Land Tribunal’s ruling and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects”); and (iv) the remaining part of the land did not interfere with the Plaintiff’s use of the land as indicated in the Map No. 2 and the attached Table No. 36.