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(영문) 춘천지방법원 2018.02.08 2017가단51699

통행권확인등

Text

1. The Defendant shall in the order of the Plaintiff each point indicated in the attached Table 1, 2, 11, 12, and 1 among the land size of 539 square meters in Gangwon-gun, Gangwon-do.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in light of the following facts: Gap evidence 1-1-5, Gap evidence 2-1-2, Gap evidence 3-1-2, Gap evidence 4, Eul evidence 5-2, and the records of this court's on-site verification, and the whole purport of arguments as a result of the survey and appraisal entrusted to the Korea Land Information Corporation, and there is no counter-proof.

The Plaintiff is the owner of the Plaintiff’s housing of 1322m2, E, the 636m22m2, the 174m2 prior to F, G 1675m2 (hereinafter “the Plaintiff’s land”) and the housing of 2m2 G in Gangwon-do, Gangwon-do, Gangwon-do.

B. The Defendant is the owner of Kangwon-gun, Gangwon-gun C, 539 square meters (hereinafter “instant Defendant’s land”) and H, I, J, and K.

C. The location of the Plaintiff’s land and the instant land, the Defendant’s land, and the Ha, I, J, and K’s land owned by the Defendant are as shown in the cadastral map in the attached Form.

In order to enter the Plaintiff’s land of this case into the Gangwon-do D, Gangwon-do, which is the Plaintiff’s meritorious services, the Defendant’s land should be used.

E. The Defendant’s land is used as a package. On the Defendant’s land, the access roads entering the Plaintiff’s land, Gangwon-do Incheon-gun M, which are owned by the Plaintiff, have several rocks accumulated by the Defendant, and the width of the access roads except the rocks is about 4.5m, and the Plaintiff’s land is a restaurant and a private house.

F. Of the Defendant’s land in this case with a width of 4.5 meters, the part of “bb” is not used in the part of “B” as indicated in the attached Form No. 1, 2, 11, 12, and 1 among the land owned by the Plaintiff in the public service, and the part of “B” is not used. In the event that the Defendant’s land in this case is entered into the Defendant’s land of Gangwon-do, Gangwon-do, Group I, which is owned by the Plaintiff, after the entire completion of the Defendant’s land in this case, the Plaintiff should use the said land with the said I land owned by the Defendant.

2. The right to passage over surrounding land shall be between the public interest and the land.