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(영문) 의정부지방법원 고양지원 2018.05.16 2015가단86073
주위토지통행권확인
Text

1. The Plaintiff:

A. Defendant B, C, and D indicated on the attached sheet No. 19,27, 17, 18, among the M28 m28 m2 in Manyang-gu, Manyang-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of 418 square meters (hereinafter referred to as “Plaintiff-owned land”) of the Hadong-dong-gu, Seoyang-si (hereinafter referred to as “Hdong-dong”) in Yongsan-gu and is residing in the housing on the ground.

B. Defendant B, C, and D are the owners of F 288 square meters (hereinafter “instant land”) and Defendant E is the owners of G 367 square meters (hereinafter “instant land”).

C. The Plaintiff, having access to the land owned by the Plaintiff in the public service, has used the portion 25.7 square meters and the portion 12.8 square meters in the ship’s “B” portion, among the land in the instant case, connected with each point of No. 19, 27, 17, 18, and 19, and the attached appraisal of No. 2, 2, 3, 27, 19, 25, and 2, in sequence, among the land in the instant case’s No. 2, the attached appraisal of No. 2, 3, 27, 19, 25, and 2, as indicated in the attached sheet No. 19, 27, 17, 18, and 19 (hereinafter “the attached sheet”) connected each point of 3, 4, 28, 27, and 3.

The width of the first-way road of this case remains approximately 2 meters, and the width of the second-way road of this case remains about 3 meters and is not packed.

E. The current status of the land owned by the Plaintiff and the land owned by the Plaintiff and the land adjacent thereto is as shown in the attached cadastral map.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, and 3 (including virtual numbers), the result of the on-site verification by this court, the result of the appraiser J's appraisal, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s access to the land owned by the Plaintiff must pass along the instant No. 1 and No. 2. As such, the Plaintiff seeks confirmation against the Defendants of the right to passage over surrounding land as stipulated in Article 219 of the Civil Act regarding the first and second roads.

B. Defendant B, C, and D’s assertion 1 is used for the purpose of vehicle parking, etc., and is expected to be reconstructed in the future. Therefore, if the right of passage over surrounding land is acknowledged on the first passage of this case, the said Defendants will be seriously hindered in future reconstruction.

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