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(영문) 대구지방법원 2016.11.03 2015가합206106
주위토지통행권 확인 등
Text

1. The Plaintiff, in sequence, connects each point of 6, 7, 8, 9, 10, and 6 of the annexed drawings among the 502 square meters of the Gyeongju-gun C-U. C-U. C-U. 502 square meters.

Reasons

1. Basic facts

A. The Plaintiff owns a steel-frame 704 square meters (hereinafter “the Plaintiff’s land”) and a steel-frame 737.28 square meters, 172.8 square meters, and 207.9 square meters (hereinafter “the instant livestock-raising facilities”) on the ground of the miscellaneous land in the Gyeongbuk-gun, Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do, E-gun, and 1,150 square meters (hereinafter “the instant land”) and on the ground of the said G miscellaneous land.

B. The Defendant owns a 930 square meters of land for a factory, H-source 353 square meters, C-source 502 square meters (limited to each of the above lands; hereinafter “instant land”) adjacent to the west of each of the instant land.

C. All the lands of the Plaintiff and the Defendant do not adjoin to the public road, but surrounded by adjoining lands. The south part adjoins to the F ditch located in the direction of the east. The north part of the said ditch is formed in the direction of the east by a place where water flows into the north part of the said ditch. The small ditch is formed under the south side of the road, and water flows.

(The respective locations and shapes of each land of this case and adjoining land shall be the same as indicated in the attached map).

The neighboring residents, including the prime and the Defendant, have passed through the ditches to reach their service, such as the said I Road, and some of the said ditches and adjoining land have been used as the roads in fact (hereinafter “instant roads”).

E. The width of the road of this case is generally about 30 cm, which is about 30 cm, and part of the road is cement packaging of about 20 cm to 3 cm to 65 cm.

F. If the part of 30 cm in width is surveyed based on the end of the remaining ditch part with respect to the part of the Defendant’s land and the Plaintiff’s land from among the instant passages, it connects each point of 8 m2, 3, 4, 5, 6, 10, 11, among the land owned by the Defendant in this case, with the point of 6, 7, 8, 9, 10, and 6 m2 in sequence, among the land owned by the Defendant in this case.

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