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(영문) 전주지방법원 2018.06.27 2017가단23174

주위토지통행권확인 등

Text

1. Upon the primary claim, the Defendant also indicated an expansion of the attached Form 5,974 square meters among the 5,974 square meters of the forest land in Jeonju-gun, Jeonbuk-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of cement brick slocks slocks slocks slocks and toilets, toilets, and F on the said land, the Plaintiff is the owner of the said land. The Defendant is a 5,974 square meters of D forest land adjacent to each of the said land (hereinafter “instant land”); G, H, and I forests were merged with G, H, and I forests on December 6, 2016; hereinafter the same shall apply) and J site, K site (hereinafter the land was merged with L land on December 6, 2016), M site, and N Site.

B. The Plaintiff’s land is the land in this case, and part of the north and west part of the south and west part of the south and north and the remaining part of the north and north are the land surrounded by the Defendant’s land, such as N, etc.

C. The Plaintiff’s land and the Defendant’s J site, L site, and N site are divided into JJ on December 17, 199 and JJ No. 2,304 square meters on January 4, 200. The former owner of K and L site used for the passage of O bank in the north direction of the Plaintiff’s land. However, the present situation is that the Defendant is proceeding with land at a height of about 120 centimeters on the north and N site, and it is practically impossible to pass through O bank by passing through J and K respective sites located north from the Plaintiff’s land, and the Defendant does not oppose the Plaintiff’s use of part of the remaining part of the instant land as the passage of the Plaintiff’s passage.

Plaintiff

From land to land, the remaining side of the land of this case reaches F before the Plaintiff’s ownership, and F is credited with F.

[Grounds for Recognition] Unsatisfy, entry of Gap 1 through 4 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination:

(a) Where, in general, there is no passage between a certain piece of land and a public road needed to use the surrounding land, and the owner of the land cannot access the public road or requires excessive costs without passing over the surrounding land, he/she shall have the right to use the land or land;