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(영문) 춘천지방법원 2017.02.28 2015가단54311
주위토지통행권등
Text

1. The defendant shall be the plaintiff.

A. Of the 76,562 square meters of Gangwon-gun C Forest land, the annexed drawing indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, among the annexed drawings of 76,562 square meters.

Reasons

1. Facts of recognition;

A. On May 16, 2012, the Plaintiff completed the registration of ownership transfer with respect to 2,238 square meters (hereinafter “Plaintiff’s land”) prior to D, Gangwon-do, Gangwon-do.

B. On November 27, 1974, the Defendant, who is the Plaintiff, completed the registration of ownership transfer on the land of 76,562 square meters in Gangwon-do, Gangwon-do (hereinafter “Defendant’s land”).

C. The Defendant’s land adjoins to the concrete packaging road (hereinafter “instant meritorious services”) on the surface of the 4 and 5 pages indicated in the attached Form Nos. 4 and 5. The Plaintiff’s land is attached to the northwest of the Defendant’s land as shown in the attached Form No. 1, and the Defendant’s land and the instant meritorious services

On the other hand, E ditches are attached to the Plaintiff’s land and the Defendant’s land, as shown in the attached Form.

Plaintiff

There is no passage from the land to the public road of this case, and the Plaintiff purchased the Plaintiff’s land for a period of 2012 and then used the following: (a) the part 122, 23, 3, 4, 5, 6, 7, 8, 9, 16, 17, 19, 20, 21, 22, 23, 24, 25, 4, 3, 4, 2, and 1; and (b) the part 123.2 square meters in the ship connecting each of the above sections 1, 12, 13, 14, 15, 16, 11, and 11 of the attached drawing among the above ditches; and (c) the Plaintiff opened the passage of this case with the width of 15m or 15m in the ship (hereinafter “the part 16m or 16m”).

E. However, the defendant prevents the plaintiff from using the passage of this case.

F. Meanwhile, the Plaintiff’s land is used as a dry field for cultivating bean, bean, and bean, and the Defendant’s land is in forest condition.

[Ground for Recognition: Unsatisfy, each entry and image of Gap evidence Nos. 1 through 7 (including paper numbers), result of on-site verification, result of survey appraisal, purport of the whole pleadings]

2. Determination

A. With respect to the claim for confirmation of the right to passage over surrounding land, the right to passage over surrounding land as stipulated in Article 219 of the Civil Act is a passage to the public interest for the purpose of using the land without a passage required for its use, between the public interest and the public interest.

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