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(영문) 수원지방법원여주지원 2020.07.02 2018가단1997
주위토지통행권확인
Text

1. The Defendants are water and sewage to be constructed by the Plaintiff on the ground of 883 square meters of the BS road in Echeon-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of BT forest land 3,556 square meters (hereinafter “Plaintiff-owned land”), and the Defendant Company B (hereinafter “Defendant Company”) and Nonparty BU (hereinafter “Nonindicted Party B”) are the co-owners of BV forest land 100 square meters adjacent to the Plaintiff’s land (hereinafter “BV land”). The Defendants are co-owners of 883 square meters adjacent to the Plaintiff’s land and BV land (hereinafter “Defendant-owned land”).

B. In order to install facilities, such as sewage and sewage, communications, gas pipes, electric wires, etc., part of the land owned by the Plaintiff is inevitable to pass through a section 48 square meters of “B” among the land jointly owned by the Defendants, which connects each point of the 64 square meters of the land and the Defendants’ co-owned land to each point of the 23, 24, 13, 14, 15, 16, 17, and 23 square meters of the attached drawing among the land owned by the Plaintiff and the 64 square meters of the water supply and sewage, telecommunications, gas pipes, and electric wires.

C. On June 4, 2019, the Plaintiff filed a lawsuit against the Defendant Company and the Nonparty seeking confirmation of the right to passage over surrounding land under the jurisdiction of Suwon District Court 2018Kadan1249, and the said court rendered a judgment on June 4, 2019 that “the Defendant Company and the Nonparty confirmed that the Plaintiff had the right to passage over part of 64 square meters of the BV land, and shall not interfere with passage over this part, and that part of the BV land has the right to use facilities, such as the water pipe, sewerage pipe, drain pipe, flow pipe, flow pipe, electric cable, etc., and shall not interfere with the act of passage over this part.” The said judgment became final and conclusive.

[Evidence Evidence: Evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply)

(i)each entry, the result of the commission of surveying and appraisal to the two thousand branch offices of the Korea Land Information Corporation, and the purport of the entire pleadings]

2. Determination

A. According to the above facts, the land owned by the Plaintiff does not pass through the Defendants’ co-owned land, the necessary waterworks sewage and sewage, telecommunications, gas pipes, and gas pipes.

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