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(영문) 수원지방법원 2015.01.27 2013가합27391

주위토지통행권확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the woodland E in the Suwon-si Water Zone E 2,162 square meters (hereinafter “E forest before subdivision”), cultivated agricultural products in the said forest. On November 12, 2008, the said forest was divided into 1,641 square meters of the said forest E in the Suwon-si Water Zone (hereinafter “E forest”) and 521 square meters of the F forest in the Suwon-si Water Zone, and the said F forest is incorporated into the landscape green belt in an apartment complex, which was expropriated on November 6, 2009 and created in the neighboring area, for an urban planning facility project implemented by G, and the said F forest was incorporated into the landscape green belt in an apartment complex, which was developed in the neighboring area. The Plaintiff filed a claim against G with the Suwon District Court 2010Guhap2747, the said court dismissed the Plaintiff’s claim on July 1, 2010, and the said judgment became final and conclusive.

B. The plaintiff has access to the above forest by using the land where G was developing the apartment site before the division of the E forest before the division, and the above passage road has been provided to the persons with the same passage, but the above passage road does not exist as the above apartment building is completed.

C. The E forest land is the land with the above apartment site and the falling 5 to 10 meters, and the Defendant is the owner of the Hansi-si Forest Land B.19,930 square meters adjacent to the E forest and land, C.326 square meters, D forest land 1,60 square meters adjacent to the E forest and land.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff has cultivated crops using farming machinery, such as black land, in E forest and field, and it is essential to have access to farming machinery in order to cultivate crops in the above forest and field, and thus, a passage of four meters wide from access to agricultural machinery should be secured. The part of land stated in the claim of compensation (hereinafter "the part of land in this case") is the only passage leading to contributing to E forest and field. Thus, the part of land in this case, which is a passage of four meters wide, is the part of land in this case.