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(영문) 춘천지방법원강릉지원 2013.10.17 2013가단2968
주위토지통행권확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that, around the other hand, the Plaintiff could not enter the land owned by the Defendant without passing through the land C in the East Sea owned by the Defendant, without passing through the land C in the East Sea owned by the Defendant, and the Defendant cannot enter the land D in the East Sea owned by the Plaintiff. In addition, the Plaintiff sought confirmation that he/she has the right to pass a part of 39 square meters of the land indicated in the claim in the Dong Sea C in the East Sea owned by the Defendant, and sought transfer of ownership to the Defendant so that he/she can obtain the Plaintiff’s right to passage by obtaining the transfer of ownership on the part (A) above.

2. Determination

A. The judgment on the primary claim is based on the following circumstances, i.e., Gap evidence Nos. 3, 5 and Eul evidence Nos. 1 and Eul evidence Nos. 1 and the overall purport of arguments as a result of the on-site inspection by this court: ① the plaintiff leased from the defendant on August 31, 2009 the land of Dong Sea-si, E, C, and F from the defendant on July 25, 2010; ② the lease contract was terminated on July 25, 2010; ② the plaintiff's land in Dong Sea-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, which passed through the land of the defendant and passed a contribution to the plaintiff (the existing main gate was installed on the above main gate); ③ the plaintiff did not arbitrarily close the existing gate and used it as a passage to the above part without using the above gate; ④ The plaintiff's use was changed to the above small land owner at the time of the conclusion of the pleading of this case.

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