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(영문) 수원지방법원안산지원 2016.05.20 2015가단28241
주위토지 통행권등
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 September 16, 2014, the Plaintiff acquired sale of the Dongwon-gu E 724 square meters and F 806 square meters (hereinafter “Plaintiff-owned land”) and completed the registration of ownership transfer as to the said land on the same day.

B. On June 25, 198, the Defendant purchased a unit C 2,635 square meters (hereinafter “Defendant-owned land”) adjacent to the Plaintiff’s land and completed the registration of ownership transfer on the 27th of the same month.

From that time, the defendant sets up a farm house on the land owned by the defendant until that time.

C. The land owned by the Plaintiff is adjacent to the southwest of the land owned by the Defendant, such as the result of the cadastral survey on the cadastral status quo, and the south south of the land owned by the Plaintiff and the Defendant adjoining to the members G forest and H forest in Ansan-si, Ansan-si, and the upper south of the land owned by the Plaintiff and the Defendant, and is adjacent to the farming roads that can pass the

[Based on Recognition] A without dispute, each entry of Gap evidence 1 through 3 (including each number), Gap evidence 4, Eul evidence 2, the result of the survey and appraisal by the Korea Land Information Corporation, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The main point of the assertion is that the Plaintiff, on the land owned by the Plaintiff, performed the construction of fill-up and drainage channels to set up farming houses on the land owned by the Plaintiff, and the traffic of the truck is necessary to implement the said construction. Therefore, it is necessary to establish a passage of at least three meters adjacent to the Plaintiff’s land.

Plaintiff

In light of the geographical features, location, etc. of the land owned by the Defendant, it is most reasonable to establish a passage on the ground of part 67 square meters on the “B” (hereinafter “instant land”) that connects each point of 1, 2, 3, 6, 7, 8, and 1 in sequence among the land owned by the Defendant, and thus, it is entitled to pass on the instant land pursuant to Article 219(1) of the Civil Act to the Plaintiff.

However, the defendant interferes with the plaintiff's passage.

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