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(영문) 전주지방법원정읍지원 2014.09.02 2014가단2783
주위토지통행권확인 등
Text

1. The defendant shall be the plaintiff.

A. Of the land size of 903m2 in Jung-Eup, the attached appraisal map shall be indicated in the attached Form 7, 8, 22 through 25, 13, 14, 18 through 7.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 1-2, evidence No. 1-2, and evidence No. 2, the result of on-site inspection conducted by this court, the result of surveying and appraisal conducted to appraiser D by this court, the purport of the whole pleadings);

A. On August 7, 2012, the Plaintiff acquired ownership of 387 square meters (hereinafter “instant land owned by the Plaintiff”). The Defendant is the owner of 903 square meters of land owned by the Plaintiff (hereinafter “the instant land owned by the Defendant”) adjacent to the Plaintiff’s land (hereinafter “instant land”).

B. The land owned by the plaintiff of this case is a fluoral land without having contributed to the surrounding area and is not a public road without passing through the surrounding area.

C. Of the land owned by the Defendant, there are concrete packaging roads (hereinafter “instant packaging roads”) on the ground of the part (A) part 61m2 through 18m2, which connects each point of the attached Table 18 through 21, 7, 8, 22 through 25, and 18 among the land owned by the Defendant, and the packaging roads of this case are connected with the public service. Of the instant packing roads and the land owned by the Plaintiff, there are 8m2 (B) parts of the attached Table (B) which connects each point of 13, 14, 18, 25, and 13, and the land owned by the Defendant is planted with agricultural crops cultivated by the Defendant on the ground of the planting land of this case.

In order for the Plaintiff to go to a land owned by the Plaintiff in the public road, among the land owned by the Defendant, the land in this case should pass through 61 square meters and 8 square meters of the farmland in this case (hereinafter referred to as the “instant land”), among the land owned by the Defendant. The instant land is the only entry into the land owned by the Plaintiff in this case, and the shortest distance passage, from the contribution, is the land owned by the Plaintiff.

2. Determination as to the claim

A. The public interest purpose of determining the claim for passage over surrounding land is to use the land without a passage necessary for the purpose between the public interest and the public interest.

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