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(영문) 창원지방법원 진주지원 2018.06.27 2017가단1222
주위토지통행권확인 등
Text

1. Of the 60, 61, 62, 63, 64, 65, 66, 67, and 67, the Defendant indicated in the annexed drawing among the 60, 61m2, 606m2 of the forest land in the Gyeongnam-do, Chungcheongnam-do.

Reasons

1. Under the facts of recognition, the facts can be found in full view of the entries in Gap evidence 1 to 8, the results of the on-site inspection by this court and the results of the survey and appraisal by appraiser D.

The Plaintiff and the Defendant own real estate as listed below:

(2) The Plaintiff’s land is the Plaintiff’s land, and the Defendant’s land is the Defendant’s land (hereinafter “instant Defendant’s land”). The Plaintiff’s land is the Plaintiff’s land 197 square meters in Gyeong-gun, Nam-do, Nam-do, and the Plaintiff’s land is the Plaintiff’s land 6061 square meters

B. As indicated in the separate sheet, the Plaintiff’s land was surrounded by the Defendant’s land and could not enter the land without passing through the Defendant’s land. As such, the part of the access road was installed on the Defendant’s land so that the Defendant could have access to the Defendant’s land by making most of the concrete packaging, and the above access road part was also divided into the Plaintiff’s land (the part leading to the boundary of the Plaintiff’s land does not contain concrete packaging), but the Defendant removed an Adominium, which was installed on the above access road to the Plaintiff’s land following the Defendant’s removal.

C. Meanwhile, the result of the survey conducted by the Defendant’s extension of the part of the access road installed on the Defendant’s land with concrete packaging, which led to the Plaintiff’s land, approximately three meters wide, to the extent that the farming machinery, etc., leading to the Plaintiff’s land was movable, is about 127 square meters in the attached Form No. 1 of the Disposition.

2. According to the above facts of recognition, it is impossible to pass through the Defendant’s land, which is the surrounding land, or to enter the public road without opening a passage, because there is no passage necessary for the use of the land between the Plaintiff’s land and the public road, which is the blind land, and the place and method with less damage to the Defendant’s land are extended by utilizing the part on which the Defendant’s concrete package was packaged on the instant land.

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