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(영문) 광주지방법원 2018.01.10 2016나9281
주위토지통행권확인 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's additional selective claims are dismissed in this court.

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of 1,021 square meters (hereinafter “Plaintiff’s land”) before Jeonnam-gun, Jeonnam-gun, and the Defendant is the owner of 2,691 square meters (hereinafter “Defendant’s land”).

B. The Plaintiff’s land and the Defendant’s land are abutting on the northwest to the southwest. The land is located in the northwest of the Plaintiff’s land, E forest land is located in the northwest, F land is located in the southwest, and G land is located in the southwest, and F land is located in the northwest of the Defendant’s land.

The specific location shall be as shown in the attached cadastral map.

C. The Defendant’s land is classified into “transfer” with land connected to a public road, and a water tank and container structure are installed near the boundary abutting on the road. There is a ridge between dry field and dry field to the extent that people can walk along the two sides adjoining the F land.

The defendant is using the defendant's land as dry field.

Plaintiff

Land category is "transfer", and on its ground, unregistered housing owned by the plaintiff is located.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6 through 8, 10, Eul evidence 3, 4, 7 through 9, 11 (including each number; hereinafter the same shall apply) and video, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the Plaintiff’s land is a blind site, the right to passage over the surrounding land should be recognized according to the instant claim passage, located on the Defendant’s land in order to contribute to public service; and the right to passage over the surrounding land should be secured so that vehicles that can transport various goods, etc. necessary to reside in the housing located on the Plaintiff’s land can pass through.

B. On December 8, 1975, the previous owners of the Plaintiff’s land and the Defendant’s land had exchanged part of the Plaintiff’s land and the part of the Defendant’s land, which included the instant claim passage, to install the instant claim passage, and used it for the purpose of contributing to and having contributed to the said passage.

Therefore, the purpose of this study is to enter the public service.

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