beta
(영문) 수원지방법원 2015.03.12 2013가단103878

주위토지통행권확인등

Text

1. The defendant shall be the plaintiff.

(a) an indication of the annexed drawings among the 965 square meters of the wife population C all over the 965 square meters in Chicago-si, including indication 1,2,3,4,5,6,7,8,9,9,10,11;

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 17, 2012 with respect to the land owned by the Plaintiff with a wife population D 985 square meters (hereinafter “Plaintiff-owned land”). The Defendant completed the registration of ownership transfer on November 9, 200 on the land owned by the Defendant prior to C (hereinafter “Defendant-owned land”).

B. The land owned by the Defendant is connected to the E-road owned by the State (hereinafter “E road”). On June 201, the part of (b) part 81 square meters (hereinafter “instant land”) connected to the land owned by the Defendant, among the land owned by the Defendant, was packed and used as a road without the Defendant’s consent, and the Defendant requested the competent authorities to remove the road package of the instant land and implemented the Road Packing around June 2014.

C. Meanwhile, the land owned by the Plaintiff is connected to the F road, but its outer direction is adjoining to the land owned by another person. The instant land and E are continuously connected to the following contributions, and is connected to the F road on either side, and is connected to the F road on either side through the mountain path from the point at which the F road ends.

Plaintiff

G et al., the former owner of the land, on December 29, 201, set the adjacent ditches (H) and the urban planning scheduled roads as entry roads, and obtained a building permit for detached houses on the ground owned by the Plaintiff. On January 27, 2012, the Plaintiff reported the change of the owner on January 27, 2012, and reported the commencement of construction on October 23, 2012.

E. In the exclusion of the instant land, the street width of only the part packaged in E is maximum of 3.9m and at least 1.05m or part of the section is the sloped part.

According to the appraiser I's appraisal result, the numerical value is not indicated in the drawing, but the width of some sections is not more than 1.05 meters, and E at the point that connects 10, 12, 14, and 16 of the above appraisal report with the sequence 10, 12, 14, and 16 is an unsealed slope, and it is sealed only on the land of this case.