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(영문) 의정부지방법원 2017.02.14 2015가단45697

주위토지통행권청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 9, 2010, the Plaintiff completed the registration of transfer of ownership in his/her name on the ground that B forest No. 36,793 square meters and C forest No. 6,235 square meters (hereinafter “Plaintiff-owned land”) was donated on December 3, 2010.

B. On August 27, 2014, the Defendant completed the registration of ownership transfer in his/her name due to the sale of each land listed in the separate sheet (hereinafter “Defendant-owned land”) on August 27, 2014 due to voluntary auction conducted on August 27, 2014.

C. The Plaintiff’s land is a master land and can enter a road with the instant road among the land owned by the Defendant, or with the area of 979 square meters and 979 square meters and 614 square meters for E, which is owned by the Republic of Korea, via the instant road among the land owned by the Defendant, but it is difficult to pass by a motor vehicle due to the fact that the area of 979 square meters and 614 square meters for E, Incheon Metropolitan City D river and 614 square meters for E, respectively.

The Defendant, including the Plaintiff, permits a large number of unspecified persons, including the Plaintiff, to pass along the Do road.

E. At present, the land owned by the Plaintiff is similar to the surrounding forests, such as planting a large number of trees.

[Ground of recognition] A without dispute, Gap evidence 1 (including a branch number if there is a tentative number; hereinafter the same shall apply), Eul evidence 1 through 19, the records or images of this court, the result of the on-site inspection by this court, the result of the appraiser F's appraisal, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the land owned by the Plaintiff is the finite located at the mountain chin, and there are military units and valleys in the vicinity, and many trees are planted.

Accordingly, the plaintiff could not contribute to the service without passing through the passage of this case from the land owned by the plaintiff, and in order to reach the service by driving agricultural machinery or vehicles, it is necessary to pass at least three meters wide.

Therefore, the plaintiff has the right of passage over surrounding land on the road of this case, and the defendant shall not obstruct the plaintiff's passage over the road of this case.

3. The judgment is stipulated in Article 219 of the Civil Code.

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