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(영문) 대구지방법원상주지원 2015.11.18 2014가단4117
주위토지통행권 확인
Text

1. A ship which connects each point of the attached Form 1 drawings in order of 1, 2, 3, 4, 5, and 1 among the area of 520 square meters in Gyeongcheon-gun, Chungcheongnamcheon-gun, Gyeongcheon-gun.

Reasons

1. Basic facts

A. Current status of ownership, etc. of each real estate 1) The Plaintiff is the Gyeongcheon-gun D (hereinafter “D”).

(E) The category and size of the land appearing in the E 7,693 square meters (E land) prior to E are to be omitted.

(1) The owner of the instant orchard is the owner of the instant orchard (hereinafter referred to as “instant orchard”).

2) While operating the Plaintiff’s land and public land owned by the Plaintiff, there are land F, G, C, H, I, J, K, and L. The location of the specific land is as shown in the attached Form 2. The location of each of the above land is as follows: (i) F land is Mbu (hereinafter referred to as “F land”) and (ii) G, C, H, H, and I land is owned by the Defendant, (iii) J, K, and L are owned by the Plaintiff.

B. The existence of the existing passage roads and the location of the land owned by the Defendant in part of the existing passage roads) The Plaintiff is a road for meritorious services in the instant orchard (hereinafter “existing passage roads”).

A) On September 2013, the Defendant’s boundary surveying conducted a part of the F land owned by the Nonparty’s door. Around September 2013, it was confirmed that some of the existing passages elapsed among the land owned by the Defendant C. (2) Of the existing passages, the part located on the land owned by the Defendant, which is located on the land owned by the Defendant, is an appraisal in the attached Form No. 1, 2, 3, 4, 5, and 1, which is specifically connected in sequence to each point of the said part (b) in the ship.

C. 1) After confirming that the land in dispute is located in the land owned by the Defendant, the Defendant cut the part of the land in dispute over several occasions from September 2013 to November 2014, and as a result, the relevant part of the land in dispute over the existing passage is narrow to the extent of 90cc and thus the Plaintiff was unable to pass through the existing usage. 2) Accordingly, on November 17, 2014, the Plaintiff filed a provisional disposition against the Defendant, etc. for prohibition of interference with passage under the Daegu District Court Residential Support2014Kahap68, etc. on March 11, 2015, and the said court filed a provisional disposition against the Defendant, etc. on March 11, 2015.

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