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(영문) 춘천지방법원 2015.04.29 2013가단7083
통행권확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements and images of Gap evidence 1 to 7, Eul evidence 1 and the purport of the entire pleadings as a result of the on-site verification conducted by this court and the survey and appraisal conducted by appraiser H.

On September 16, 2010, the Plaintiff completed the registration of transfer of ownership with respect to the area of 2,826 square meters in Seocheon-gun, Seocheon-do.

B. On May 26, 2006, Defendant B completed the registration of transfer of ownership as to the size of 1,088 square meters, E, 453 square meters, and F, 823 square meters, respectively.

C. On July 3, 2003, Defendant C completed each registration for the transfer of ownership with respect to the area of 9,394 square meters of G forest land in the Seocheon-gun, Seocheon-do, Gangwon-do.

Plaintiff

The I land owned by the Defendants can be surrounded by not only the land owned by the Defendants, but also the land owned by a third party other than the Defendants, and can be supervised by the Defendants or the third party-owned land.

However, the passage route in the attached drawing is only surrounded by the land owned by the Defendants.

(e) The section marked as a passage, among the annexed drawings, shall indicate the width of 2.3 meters from the constructed bank;

바. 한편 별지 도면 (ㅍ) 부분 6㎡ 부분은 피고 C 소유의 G 임야의 일부로, 위 (ㅍ) 부분 6㎡ 지상에 피고 C이 G 임야에 관한 소유권이전등기를 마치기 이전부터 사람이 거주하지 아니하는 무허가 건물 및 무허가 건물에 부속한 화장실이 존재하고 있다.

G. Resident J is located in the vicinity of the G forest owned by the Defendant C, and the building is parallel with G forest owned by the Defendant C, and it is possible to establish a passage through which the Plaintiff can exercise overall control over the Plaintiff’s land in the direction of toilets attached to the said unauthorized building, centering on that building, and there is another passage starting from the sloping path of the resident J’s building, but it must pass through the land owned by a third party, not the Defendants.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the plaintiff is engaged in farming in D land owned by the plaintiff.

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