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(영문) 수원지방법원 2017.06.21 2016나18576
주위토지통행권확인 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of D Large 659 square meters in Gwangju-si (hereinafter “the instant land”) and E, 748 square meters in the preceding 748 square meters (hereinafter “instant land”). The Defendant is the owner of C’s 303 square meters in the road (hereinafter “instant third land”).

B. From June 2009, the Plaintiff resided in the housing located in the instant land (hereinafter “instant land”). On July 29, 2013, the Plaintiff obtained a construction permit for the construction of multi-family house on the instant land (hereinafter “instant construction”) and commenced the instant construction from November 2013.

C. In order to pass along a public road on the land of this case, the Plaintiff used a non- packing road (hereinafter “instant current state road”) developed in part of F-Do-si, Gwangju, F-si and G-471 square meters of a river (hereinafter “instant road”). On January 17, 2014, the date following the commencement of the instant construction project, the Defendant installed the part (B) (hereinafter “the part (b) (hereinafter “in-house (hereinafter “the part (b)”) connected in order to each of the points in the order of 3,5,6,7, and 3 parts (c) [hereinafter “the part (c)”) connected in the order of approximately 13 meters, height of 7-70cm, width of 27-4m or 7m/4m of breadth and concrete (hereinafter “the part (c)”) in the length of the instant land.

On the other hand, the land No. 3 is connected to the village route going to the south of the H road in Gwangju City. The current status of the land in this case is a road going to the east and abutting on the south side of the above 3 land from the edge of the above 3rd land, and is a road going to the south side with the above 3rd land, the entry part of which is a little, and the entry part is going to the south side and south side, which is lower than the above 3rd land, and the passage of neighboring residents and vehicles, and the passage of the Korea Forest Service and the National Emergency Management Agency vehicles entering I, which are used by the said 3rd land.

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