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(영문) 대전지방법원 2016.01.13 2015나100776
주위토지통행권확인 등
Text

1.The judgment of the first instance shall be modified as follows:

Of the area of 463 square meters in Si/Gu, the attached Form 1 Map No. 2, 3, 4, 5, 7, 8, among the area of 463 square meters in Si/Gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of E large 219 square meters (hereinafter “Plaintiff’s land”) and one-story housing (hereinafter “Plaintiff’s housing”) on the land in the city of official residence, and the Defendants are the right holder of one-half of each Defendants’ land.

B. The Plaintiff’s land is adjacent to the G 456 square meters in G owned by F, the H 861 square meters in Magambia Co., Ltd. (hereinafter “H land”), and I and J-owned K 741 square meters in size prior to K, as indicated in attached Table 3, and is adjacent to the north of the said land.

C. The passage from the Plaintiff’s land to his contribution to the Plaintiff’s public road (hereinafter “L land”) passed through the public road (hereinafter “L land”) and the Defendants’ land, along the line connecting points 4 to six points indicated in Map 2, among the Defendants’ land, and the passage from H land was used. However, the owner of H land performed embanking work and set up a stone with a height of about 2 meters on the boundary of the Plaintiff’s land, and making it impossible to enter the Plaintiff’s land as a public road by using H land. Accordingly, only through the passage through the Plaintiff’s land and the Defendants’ land, it was possible to contribute to the Plaintiff’s land.

After that, around May 10, 2014, the Defendants accumulated stone on the Defendants’ land, and performed a stable construction work from May 14, 2014, and constructed 1.5 meters high and 5 meters high on the line connecting the 6, 7, 8, and 9, respectively. Accordingly, the Plaintiff was prohibited from having access to a public road by using the Defendants’ land.

[Ground of recognition] A without dispute, Gap evidence 1 through 15 (including each number; hereinafter the same shall apply), Eul evidence 1 through 3, Eul evidence 5, Eul evidence 5, the result of the court of first instance's verification of the court of first instance, the result of the commission of each measurement and appraisal to the chief of the branch office of the Korea Land and Infrastructure Information Corporation, the result of this court's entrustment of surveying and appraisal to the chief of the public branch office of the Korea Land and Infrastructure Information Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. As to the Plaintiff’s assertion of right of free traffic (1)

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