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(영문) 춘천지방법원 원주지원 2018.05.15 2017가단36542
주위토지통행권확인
Text

1. For the plaintiffs:

A. Of the 616 square meters in the Jinsung-gun H G, the attached reference map (1), Nos. 1, 13, 14, 15, 32, 33, 34, 35, 36.

Reasons

Basic Facts

A. Plaintiff C is an owner of 2,342 square meters, 1/2 shares, 2,067 square meters, 2,067 square meters, 1,653 square meters prior to M, 1,65 square meters prior to N, 1,567 square meters, 91 square meters prior to P, and 139 square meters, 2, and 39 square meters, respectively.

B. The Defendant is the owner of Gangseo-gun H 616 square meters, 2,110 square meters, Q farm site, 1,856 square meters, and 167 square meters prior to R (hereinafter collectively referred to as the “Defendant’s land”) in total, of the land owned by the Defendant.

C. In order for the Plaintiffs to enter a public road on each land owned by the Plaintiffs, the part in the attached Form 15, 16, 13, 14, 15, 32, 33, 34, 35, 36, 36, and 10 square meters among the 616 square meters in the H of Gangwon-gun, the Defendant-gun, which is the Defendant-owned, shall be connected in sequence to the part in the ship (b) of 87, 36, 110 square meters in the attached Form 15, 16, 17, 7, 29, 30, 31, 32, and 15 of the Reference Map (1), among the 616 square meters in each land owned by the Plaintiffs, the part in the attached Form 15, 17, 29, 300 square meters in each of the above Reference Map (2), 4,506, 41, 443, 447, 2548,25 or 248.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 17 (the number of pages is included; hereinafter the same shall apply), the appraisal result by appraiser S, the purport of the whole argument of the plaintiffs, in order for the plaintiffs to have contributed to each land owned by the plaintiffs, the plaintiffs must exercise overall control over the passage of this case. Thus, the plaintiffs can use the passage of this case with the right of passage over surrounding land under Article 219 of the Civil Act as to the passage of this case with the right of passage over surrounding land under Article 219

Nevertheless, the Defendant, while operating livestock pens in the Defendant’s land, installs disease control equipment and speed prevention thresholds on the Defendant’s land, and shoots them when the Plaintiffs pass by.

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