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(영문) 광주지방법원해남지원 2016.01.14 2014가단3716

주위토지통행권확인 등

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1. The Plaintiff (Counterclaim Defendant) indicated the attached Form 1, 3, 2, and 1 among the area of 160 square meters in the area of 160 square meters in Jindo-gun D prior to Jindo-gun, Jindo-gun.

Reasons

1. Basic facts

A. Defendant C constructed a single-story house on the ground of the 660m2 in Jindo-gun F, Jindo-gun, which he owned (hereinafter “F land”), and completed the registration of initial ownership on November 5, 2001.

B. On February 11, 2014, the decision to commence the auction for exercising the security right to F-land and land-based housing as G for the Gwangju District Court, Gwangju District Court, Gwangju District Court, and the Plaintiff was rendered a decision to commence the auction for exercising the security right to F-land and land-based housing. The Plaintiff purchased F-land and land-based housing at the above auction procedure and paid in full and completed the registration

C. F land is surrounded by a lot of land, such as the following forest (number and land category are displayed) and part of the land is adjoining to the 2,762 square meters of the former HH road (hereinafter “North-west road”), but is not directly abutting on a road other than the North-west road.

Of the land surrounding the F land, ① Dong-gun E (hereinafter “E”) and ② the area of 160 square meters prior to D (hereinafter “D”) were owned by the original Defendant C, but the ownership transfer registration was completed on July 25, 2014 by transferring the land to the Defendant B, who is a Dong-gun, and ③ the area of 605 square meters prior to J (hereinafter “I land”) and ④ the area of 314 square meters prior to J (hereinafter “J land”) are owned by another person.

E. E land is similar to the F land and D land the height of the ground surface is similar; however, North-west roads and I land and J land are higher than those of F, the ground surface is higher than that of F, and concrete axiss are installed near J land and F land.

In addition, the North Korean road is packed with concrete, and its width is possible to make one motor vehicle traffic.

F. Defendant C did not use the north-developed road while owning F land and a house on the ground, and also used the road on the south side by passing through the land similar to that on the ground surface height on its own ownership, and used it. The south side road is the road.