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(영문) 울산지방법원 2021.01.15 2020가단101842

주위토지통행권확인 등

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The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 21, 2005, the Plaintiffs purchased a large of 733 square meters of land owned by the Plaintiffs (hereinafter “the Plaintiffs’ land”) in Ulsan-gu, Ulsan-gu, Seoul-gu, and newly built a detached house on March 25, 2008 and owned it.

B. On August 9, 2002, the Defendant purchased and owned the above D large 420 square meters (hereinafter “Defendant-owned land”) and its ground buildings adjacent to the land owned by the Plaintiffs, which are located adjacent to the land owned by the Plaintiffs.

(c)

While there was a outer wall line of the building on the ground owned by the Defendant, depending on the boundary of the land owned by the Plaintiffs and the land owned by the Defendant, the Defendant installed a fence on the line connected in order of each point indicated in the separate sheet No. 1, 7, 2, and 3, which connects to the corner of the building on the ground owned by the Defendant around 2007, along with the outer wall line of the building on the ground owned by the Defendant (the part (b) connected in sequence No. 1, 7, 2, and 1, which is not owned by the Defendant, is on the ground of the above FF road, not on the ground owned by the Defendant).

The only passage connected to the above G G road, which is a contribution from the land owned by the plaintiffs, is the line in order of each point indicated in the attached Form 4 and 2, the width of which is 2 meters or more.

As described in the paragraph, a fence is installed on the line that connects 2 and 7 of the annexed drawing, and the actual width of traffic is 1m 75m m.

[Ground of recognition] Unsatisfy, Gap 1 through 3, 5, 6 through 11, Eul 1, Eul 1, the result of the commission of appraisal and supplementary appraisal to the head of the Ulsan Branch Office of the Korea Land and Information Corporation, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The plaintiffs asserted that the plaintiffs have the right to passage around the land of this case among the land owned by the defendant so that vehicles can pass on a public road, and they should remove the fences installed on the line that connects each point of the attached Form 2 and 3 among the land owned by the defendant, and the part of the land of this case as to the land of this case.