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(영문) 대구지방법원안동지원 2020.05.20 2019가단20450

주위토지통행권확인등 청구

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1. The Defendants are individually indicated in the attached sheet No. 21, 22, 23, 24, 25, 26, and 21 among the land size of 2,231 square meters before Ansan-si J.

Reasons

1. Basic facts

A. Plaintiff A is Plaintiff B’s children.

Plaintiff

B is the owner of K 112 square meters in Ansan-dong-si, which is the 152 square meters in K, L orchard 1,193 square meters, 152 square meters in M, 548 square meters in N orchard, 126 square meters in P orchard, Q orchard 1,098 square meters, 446 square meters in Q orchard, 66 square meters in R forest, 18 square meters in S forest, and 188 square meters in land. The Plaintiff A is the owner of T orchard 569 square meters in 569 square meters in Seoul-do, U, 83 square meters in 53 square meters in V forest, and 509 square meters in Ma before W (hereinafter collectively referred to as the “instant land”). The Plaintiff is the owner of land on each of the aforesaid land.

B. In the vicinity of the Plaintiffs’ land, the registration of ownership transfer was completed in the name of the deceased X. The Defendants are the heirs of the deceased X.

[Ground] Evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, whether the Plaintiffs recognized the Plaintiffs’ right to passage over surrounding land, and the records and images of evidence Nos. 5, 6, 8, 15, and 16; the result of this court’s on-site verification on the head of the Korea Land Information Corporation (hereinafter “Korea Land Information Corporation”); and the overall purport of pleadings as a result of an entrustment of survey and appraisal on the head of the Dong branch of the Korea Land Information Corporation; in order for the Plaintiffs to gain access to the land of this case, the Plaintiffs has the right to passage over surrounding land of 45 square meters (hereinafter “the land of this case”) among the land of this case, which connects each point of 21, 22, 23, 24, 25, 26, and 21 in sequence, and the Defendants have the right to passage over surrounding land.

① The Plaintiffs’ land is surrounded by Andong-si, Y, forest, etc., and no road can be formed without passing around the surrounding land.

② Cement 2.5m wides are connected to the instant J land. Of the aboveY Forest, the part adjoining the north-west boundary of the instant J land is a way to access the Plaintiffs’ land.

In order for the plaintiffs to pass from the cement packing road to the above subdivision, the land of this case J.