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(영문) 춘천지방법원원주지원 2017.11.22 2016가단5633
통행권 확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of D forest land 927 square meters, E large 931 square meters, F forest land 304 square meters (hereinafter each “D land”), E land “E”, “F land,” and “all land owned by the Plaintiff.”

On July 1, 2004, the Plaintiff purchased D land from G and acquired ownership.

B. On December 5, 2015, the Defendant purchased from G to 324,187,900 square meters of H 1,453 square meters of forests and fields (hereinafter “instant land”). Moreover, from other land owners, the Defendant purchased each of the 567 square meters of C forest and fields, 567 square meters of land, 538 square meters of J forest and fields, 660 square meters of J forest, 660 square meters of K forest, 321 square meters of L forest and fields, and 361 square meters of land of M forest and fields (hereinafter “former land”).

On April 7, 2016, the Defendant incorporated the land of seven parcels purchased as above into C Forest land 4,560 square meters (hereinafter “C land”) in the original city of the original city.

C. The Defendant newly constructed a motor vehicle maintenance plant (hereinafter “instant factory”) on the ground of the combined land C.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 9-1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination on the claim for confirmation of traffic right

A. 1) Determination as to the Plaintiff’s assertion of right of access to an agreement 1) At the time of the Plaintiff’s purchase of D land, G opened a circular road connecting the instant land and the original city NN roads and O roads, and agreed to contribute the land to the Plaintiff at the original city (hereinafter “instant agreement”).

On June 7, 2013, with the consent of land use on the instant land, the instant land was confirmed and ordered as a site for the road, and it was concluded that the instant land will succeed to the burden even when it was sold to a third party.

At the time of the purchase of the instant land, the Defendant, despite hearing an explanation of the fact that the instant land was in the site of circular road, accepted it and purchased the instant land, thereby acquiring G’s duty to build circular road according to the instant agreement.

Therefore, the defendant C.

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