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(영문) 춘천지방법원 2018.07.12 2017가단55196

주위토지통행권확인 청구의 소

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1. The Plaintiff connects each point of the attached Form 1, 2, 3, 4, and 1 among the area of 625 square meters in Hongcheon-gun, Gangwon-do.

Reasons

1. Basic facts

A. On June 26, 2015, the Plaintiff purchased the Gangwon-do Redcheon-gun E large 208 square meters, F large 211 square meters (hereinafter “Plaintiff’s land”) and the general steel structure plate and single-story housing on the ground of the above land, and purchased the same year.

7. 8. Each owner who completed each registration of ownership transfer. The Defendants are co-owners of each 1/2 shares of D large 625 square meters adjacent to the Plaintiff’s land (hereinafter “instant land”).

B. The Plaintiff’s land is land surrounded by H forest owned by G, I ditch owned by the Korea Rural Community Corporation, J forest, and land in this case.

C. At the vicinity of the Plaintiff’s land, K used as it is, and part of L road and M site connected to the said road are used as a contribution to the development of the asphalt package. The said M site is adjacent to the instant land.

[Ground of recognition] Evidence Nos. 1 through 4, 6, 7, 12 through 18 (including paper numbers), the purport of the whole pleadings

2. According to the above facts, there is no passage between the land of the Plaintiff and the public road, and no access can be made to the public road without passing over the land of this case owned by the Defendants, which is the land of this case, or without opening a passage. The place and method with less damage to the land of this case is deemed to be 66 square meters in part (a) connected with each point of 1, 2, 3, 4, and 1 of the annexed drawing indicating the land of this case for the purpose of securing a passage through the land of this case on July 23, 2015, on which the land of this case was divided into the land of this case for the purpose of securing a passage through the land of this case. Thus, the Plaintiff’s claim seeking confirmation of the right to passage over the surrounding land of this case

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.