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(영문) 의정부지방법원 2019.03.12 2017가단123010

주위토지통행권확인 등 청구의 소

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1. All the claims of the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On September 18, 1996, Plaintiff (Withdrawal) acquired ownership of E forest land 24,198 square meters (hereinafter “Plaintiff’s land”) in Namyang-si, Namyang-si on September 20, 1996.

B. On November 28, 2017, when the instant lawsuit was pending, the Plaintiff’s successor completed the registration of ownership transfer on the Plaintiff’s land due to sale on November 27, 2017 and participated in the succession of the instant lawsuit.

In the conciliation procedure of this case, the succeeding intervenor initially purchased the land of this case by the succeeding intervenor, which was registered in the name A, and subsequently revealed the position that the registration was completed in his name during the proceeding of this case.

In other words, the succeeding intervenor was aware that the Plaintiff’s land was franchise.

(hereinafter referred to as “Plaintiff”) A and the Intervenor succeeding to the Plaintiff together. (C)

In 2010, the Plaintiff’s land was subject to the permission of change of occupation and use for the purpose of entry into and exit from part of the land listed in attached Table 1 on the premise that the Plaintiff’s land in this case is the blind land A.

(B) No. 2. There are no buildings, structures, rice paddy field, trees, etc. that can be seen as being separately raised by people, and there is a wild forest in which a pool of trees is friendly.

(See the on-site inspection protocol dated October 11, 2018). The shape around the Plaintiff’s land in this case is as follows:

(The plaintiff's land in this case) d.

From the lower part of the above drawings, the upper part of the map leads to the upper direction, and it is confirmed that the upper part of the plaintiff's land is extending to the left part of the land of this case. The upper part is a part which the plaintiff's successor plans to utilize the lower part as the passage of the plaintiff's successor.

In order to go up to the Plaintiff’s land, it is necessary to go up to the mountain path according to the above passage route.

(e)the following top parts are detailed: