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(영문) 대전지방법원공주지원 2017.07.06 2016가단21352
주위토지통행권확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 20, 2010, the Plaintiff completed each registration of the transfer of ownership on the ground of public auction with respect to G forest land 7,290 square meters in Si-si, Si-si on October 20, 201, on October 21, 2010 with respect to H field 430 square meters due to public auction.

(hereinafter referred to as “the Plaintiff’s real estate” is added to each of the above lands.

On December 10, 2013, Defendant B completed the registration of transfer of ownership based on each sale of 424 square meters and 2,802 square meters prior to E (hereinafter “instant 1 real estate”) and 12,802 square meters prior to E (hereinafter “instant 2 real estate”).

Fju City, 5,028 square meters (hereinafter referred to as “the ditch of this case”) are currently owned by the Republic of Korea.

The status of the plaintiff's real estate and each real estate's cadastral status are indicated in the attached Form.

C. Defendant C operates the Real Estate No. 1 and part of the instant Real Estate No. 2, part of the instant ditches, K owned by J, and L on the ground of “M”. The attached appraisal is also an attached building attached to the above Doctrine Party.

around 2012, Defendant D carried out the excellent farmland development project at approximately 10,000 N in the official city of official city prior to the subdivision (the first and second real estate of this case was divided from the above real estate).

E. Before Defendant D’s implementation of the above excellent farmland development project, there was a passage formed according to the ditches formed within the second real estate of this case, consisting of 41 square meters in line with the attached Table No. 32, 33, 34, 28, 29, 30, and 32, among the ditches of this case, the attached appraisal map No. 35, 11 through 14, 36, 25, 26, 27, and 35, in sequence, the attached appraisal map No. 35, 11 through 14, 36, 25, 26, 27, and 35, connected each point.

However, the above passage was changed to part of the drainage route, dry field, etc. while Defendant B and D installed U-owned concrete pipes for the drainage of the above ditches.

[Based on Recognition: Evidence Nos. 1, 2, and 5, Evidence No. 1, and evidence No. 1, and No. 1.

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