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(영문) 광주지방법원순천지원 2020.05.06 2019가단76495
주위토지통행권확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs owned 1/3 shares of G forest land G 305 square meters (hereinafter “instant forest”) in Gwangjuyang-si, and the Defendant acquired ownership by selling 229 square meters of FY-si FY-si land (hereinafter “instant land”).

B. Of the instant land, the part indicated as a painting of Attached 2 Photographs (hereinafter “existing passage”) is packed with concrete, and is currently used as a passage through which not only people but also vehicles may enter and depart from the public road without any specific restriction. As seen from the photographs, the front part of the existing passage road does not have a fence, and the rear part of the forest land in this case is the forest land in this case, and thus, if the forest is to enter the forest of this case from the public road, the above existing passage passage should be allowed.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 (including each number), and images of Eul evidence 1 (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The forest of this case, which is owned by the plaintiffs, is nothing more than an access road to the forest of this case because it has not been permitted to access to the forest of this case, so the forest of this case is virtually left alone.

Since the plaintiffs plan to develop the forest land of this case in the future as land for factory, it is necessary not only to people but also to pass more than 3 meters wide so that motor vehicles can pass smoothly.

B. Therefore, the Plaintiffs confirmed against the Defendant that the Plaintiff had the right to passage over surrounding land with respect to the portion of 5 square meters on the ship (Ga), which connects each point of the attached appraisal Nos. 1, 2, 12, and 1 among the instant land, and sought a prohibition of other acts that interfered with the passage of the Plaintiffs with respect to the portion of 5 square meters above (Ga).

3. Determination

(a) The right of passage over surrounding land is between its own land and its meritorious service;

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