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(영문) 춘천지방법원영월지원 2015.02.11 2012가단6610

주위토지통행권확인

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements and images of Gap evidence 1, 2, and 4 (including each number if any), the verification results of this Court, the entire purport of the pleadings as a result of the appraiser's appraisal.

1) The land ownership of the parties concerned is owned by the Plaintiff A, B, C, D, and E with respect to the total area of 9,402 square meters, which is owned by the Plaintiff, and the Plaintiff with respect to the total area of 231 square meters and the total area of 1,256 square meters, which is owned by the Plaintiff, Plaintiff D, and Plaintiff D with respect to the total area of 893 square meters and Qan 357 square meters, which is the total area of 4,145 square meters prior to R, Plaintiff F, and Plaintiff F, and Plaintiff 4,172 square meters prior to R., all of which are owned by the Plaintiffs, are owned by the Plaintiff.

(2) Defendant H owns 1,484 square meters (hereinafter “instant land”) prior to the Janwon-gun, Seowon-gun, Seowon-gun, the Plaintiff’s neighboring land, and Defendant I owns 3,600 square meters adjacent to the instant land (hereinafter “instant land 2”).

B. The current status of the plaintiffs' land and each of the lands of this case 1) are land that is not a length leading to a public road, and the part of the land of this case is closed, but is not currently being used, there is no facility in the remaining land, and there is no management, and trees are growing trees. Meanwhile, with respect to the whole land of this case, the registration of creation of superficies in the name of the Incheon Instigious Livestock Cooperative, Incheon, Incheon, the duration of which is from April 25, 2012 to 30 years has been completed. 2) The part of the claim of this case among the land No. 1 of this case is connected with cement packaging, and the part of the land No. 2 of this case connected to the above part of this case, which is the land No. 1 of this case, is a miscellaneous person, and the part as stated in the claim of this case among the land No. 2 of this case, which is connected to the above part.

2. The assertion and judgment

A. The Plaintiffs’ assertion land is prohibited from having access to a public road without going through each of the instant land as a master land. The part of the claim(b) among the instant land No. 1 is 159 square meters and 159 square meters.