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(영문) 대전지방법원 2021.01.21 2020가단104986
주위토지통행권확인 등
Text

1. The Defendants are in the order of each point indicated in the Map 1 to 17, and 1, among the area of a Sejong Special Self-Governing City C 20,853 square meters of a road.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2,400 square meters prior to Sejong Special Self-Governing City D (hereinafter “D land”).

The plaintiff has used the above land for the purpose of fruit farming as well as fruit farming in D land.

2) The Defendant Republic of Korea is the owner of a Sejong Special Self-Governing City C 20,853 square meters (hereinafter “the instant road”) and the Defendant B is the same as F, the owner of a building for the Sejong Special Self-Governing City E-Governing City E, and the temporary installation for the above ground, and the owner of F, the owner of a building for the above ground.

B. Location and current status of the land involved in the instant case 1) Location and current status of the land involved in the instant case are as follows:

DE CHH KJ I G2) Since the Plaintiff acquired the ownership of D land around August 1998, the Plaintiff entered D land through the passage route for the part of the ship (hereinafter “instant passage route”) connecting each point of Annex 1 through Annex 1, Annex 1, Annex 1, Annex 1.

The passage of this case is a slope in the direction of moving D land and I land from E and G land, and the width of the narrow part is 1.7m.

3) On or around around 2013, after the retaining wall was installed in J, I, and G land adjacent to the south of the instant road, the Plaintiff entered the Do road through the instant passage, and the Plaintiff did not pass through the vehicle.

4) On the other hand, D land is accessible to the Do road through the instant road that became between H land (a clan cemetery is created) and K and J land (hereinafter “H land and the part from H land to D land” among the roads in this case). The instant substitute passage is set up in a house built on the adjacent L land whose length is narrow and adjacent to the length, and it is impossible to pass through the vehicle on the road (see, e.g., the photograph attached to the self-verification report on November 3, 2020).

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