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(영문) 대전지방법원 2015.12.11 2014나107541
주위토지통행권확인등
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

3...

Reasons

1. The Plaintiff sought confirmation of the right to passage over surrounding land, removal of trees and rocks, and prohibition of obstruction of passage against the Defendant (Appointed Party, hereinafter “Defendant”) and the Appointed B (hereinafter “Defendant, etc.”). The first instance court accepted the remainder of the Plaintiff’s claim, excluding the Plaintiff’s claim for partial restitution, and dismissed the part of the claim for partial restitution.

Since only the defendant et al. appealed against this, the plaintiff's claim for partial recovery shall be excluded from the scope of the trial in this Court.

2. Basic facts

A. On October 26, 2012, 201, 1,541 square meters (hereinafter “Plaintiff’s land”) was owned by E, and E sold the Plaintiff’s land to the Plaintiff on October 26, 2012, and completed the registration of ownership transfer under the Plaintiff’s name on November 6, 2012.

B. The Selection B is the owner who completed the registration of ownership transfer on March 9, 2010 with respect to D forest land 6,985 square meters (hereinafter “instant land”) in Boban-si neighboring the Plaintiff’s land (hereinafter “instant land”). The Defendant is the manager of the instant land.

C. The Plaintiff’s land is not directly connected to the public road, and in order to pass the Plaintiff’s land on a public road, it must pass through G land in the instant case and Bosa City, and a passage along H land. Of the instant land, the part on which the passage road is located is the part (b) part (c) of the instant land, which connects each point of the attached Form No. 2, 3, 4, 9, 29, 30, 31, 32, 32, 25, 26, 28, 28, and 338 square meters (hereinafter “instant passage”).

The Defendant et al. installed a bridge on the ground level of 2m2 square meters on the ship connecting each point of the attached Form Nos. 2, 3, 4, 9, 10, 11, and 2 among the passage roads of this case, and planted trees on the passage roads of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 2 (including branch numbers if there are serial numbers; hereinafter the same shall apply) and Gap evidence 4 to 7.

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