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(영문) 울산지방법원 2018.08.21 2017가단7377
주위토지통행권확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 19, 1984, the Plaintiff acquired ownership of 1,398 square meters in Gyeyang-si E (hereinafter “Plaintiff’s land”) and cultivated crops on the said land.

B. The Defendant is the owner of C field 1,674 square meters and D field 972 square meters located near E land (hereinafter “Defendant’s land”); hereinafter “F-dong land in Yangsan-si, the name and the lot number are indicated only.).

In addition, the defendant is operating a sowing plant adjacent to the defendant's land G and H on the ground.

C. The Plaintiff’s land should pass through J, K, and the Plaintiff’s land in addition to the land owned by the Defendant (referred to as “the first passage,” hereinafter referred to as “L”) or a passage that leads to the Plaintiff’s land through M (the location of school facilities on the ground), N,O, P, Q, and R, such as drawings under the left side of the land, such as the drawing on the left side of the Defendant.

The Plaintiff, among the Defendant’s land, used the portion of 8 square meters in a ship which connects each point of 1,26, 27, and 1 of the annexed drawing indication 22, 23, 24, 25, 26, 1, 28, 29, 30, 31, 32, and 22 of the aforementioned drawing indication as well as the part of 381 square meters in a ship which connects each point of 22, 23, 24, 26, 28, 29, 30, 30, 31, 32, and 22 of the aforementioned drawing indication as the passage from the Plaintiff’s land to the public road. However, among the land in the instant case, D river area, including the portion

E. From around 2017, the Defendant installed each container on the part that connects 1 and 27 of the annexed drawing among the land in the instant dispute from around 2017, and the part that connects 22 and 32 of the annexed drawing, and installed each container on the part that connects 10 square meters of the adjacent drawing, 33, 34, 35, 36, and 33 of the annexed drawing, and the part that connects 37, 38, 39, 40, and 37 of the aforementioned drawing, and the part that connects 18 square meters of the aforementioned drawing, and the part that connects 41, 42, 43, 44, and 41 of the aforementioned drawing, and prevents the Plaintiff from having access to the public service through the land in the instant dispute.

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