logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.01.17 2012가단20597 (1)
주위토지통행권확인 등
Text

1. Of the 3,309 square meters in Yangsan-si, the Defendant indicated in the attached Form 1 on the appraisal map of 49,67,47,48, and 49 respectively.

Reasons

1. Facts of premise;

A. Plaintiff A is the owner of both I, J, K, L, and M land in Yangsan City, and Plaintiff B is the owner of the N land.

(hereinafter hereinafter referred to as “the Plaintiff’s land”). The Plaintiffs’ land shall not enter the public road without passing over the surrounding land, as it is surrounded by O, P, forest land, southwest-west land owned by the Defendant, D, E, F, G, H land (hereinafter referred to as “instant surrounding land”) on the south-west and by valley and Q, and by valley and Q forest land.

B. The Defendant, as the owner of the surrounding land of this case, installed the steel structure gate and the steel structure 2 appraisal network connected each point of 8,9,10 each point of 1,2, and 3 of the attached drawing Nos. 2 (hereinafter “the 2 appraisal drawing”) among the surrounding land of this case and prevents the Plaintiffs from passing over the surrounding land of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, 10, 16, 17, 18, and the purport of the whole pleadings

2. The plaintiffs asserted that the land around the surrounding area of this case constitutes the only passage for entering the plaintiffs' land. The plaintiffs' access to the surrounding area of this case is not allowed or excessive expenses are required without passing the surrounding area of this case. Thus, the defendant asserts that the right to passage over the surrounding area of this case should be acknowledged. On the other hand, the defendant asserts that even without passing over the surrounding area of this case, the right to passage over the surrounding area of this case can sufficiently access the surrounding area to the land of this case through ①, the existing passage, ② the existing passage, ③ through the existing passage, and the access to the land of this case through the plaintiffs. In the case of the existing passage, the cost of maintenance and construction

3. Determination on the cause of the claim

A. As of the date of recognition, trees and grasss are considerably high on the surrounding land of this case.

arrow