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(영문) 전주지방법원 군산지원 2018.11.08 2017가단4763
주위토지통행권확인 등
Text

1. The Defendant (Counterclaim Plaintiff) shall also refer to the Plaintiff (Counterclaim Defendant) in attached Form 14, 22, 23, 24, 8, and 14.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of a 680 square meters wide (hereinafter “Plaintiff-owned land”) in Gunsan-si, Si, Gunsan-si, and is residing on the ground.

Plaintiff

Land owned is a plot of land that is not adjoining to the public service.

B. The Defendant is the owner of C large 1,011 square meters adjacent to the lower land owned by the Plaintiff (hereinafter “Defendant-owned land”).

C. For a long time, the Plaintiff passed a part of 9 square meters on board (hereinafter “instant passage”) connected in order to each point of 14, 22, 23, 24, 8, 9, 13, and 14 on the land owned by the Defendant among the land owned by the Defendant, and entered the land owned by the Plaintiff as a contribution from the land owned by the Plaintiff via 17 square meters of F-Road and G road 26 square meters.

The part of the passage of this case is the only passage to and from the land owned by the Plaintiff.

However, around June 5, 2017, the Defendant installed a brick fence and a (green) steel fence in the instant passage (hereinafter “instant brick fence, etc.”). Accordingly, the passage part of the instant passage is possible, but the vehicles, farming equipment, etc. were in a situation where passage was impossible.

E. The Defendant: “Around June 5, 2017, G, and H summary order application forms “H” but appears to be “F”’s clerical error. A summary order was filed on July 11, 2017 with the charge of general traffic obstruction that “a road located on the road, approximately 33 meters in length, approximately 30 meters in length on the concrete road, approximately 2.64 meters in length, and approximately 1m in length on the concrete road, approximately 2.64 meters in width, and KRW 1.73 meters in height, using bricks, around the 8th day of the same month, the Defendant applied for a summary order of KRW 70,00,000,000 in length, which is a place for public passage of the general public.”

(This Court ordered the above summary order to be issued on September 27, 2017, and confirmed on October 2017, 2017). [Grounds for recognition] In the absence of any dispute, entry in Gap 1 through 6, and evidence 13 through 14 (including branch numbers if any) is included in this Court.

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