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(영문) 대전지방법원 2017.04.27 2015가단43704
주위토지통행권확인 등
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On August 20, 1980, the Plaintiff completed the registration of ownership transfer with respect to the 449 square meters (hereinafter referred to as the “Plaintiff’s land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. On June 26, 1997, the Plaintiff newly constructed a single-story house (hereinafter referred to as the “Plaintiff’s house”) on the above land and completed the registration of ownership preservation, and thereafter is residing in the above house.

On December 29, 2009, Defendant C completed the registration of ownership transfer with respect to the land D (hereinafter referred to as “Defendant C’s land”) located in Geumsan-gun, Geumsan-gun, and Defendant B newly constructed a house on the ground on September 22, 2015 (hereinafter referred to as “Defendant B’s house”).

Plaintiff

Land and Defendant C’s land are adjacent to each other as shown in the attached Form 2, and among Defendant C’s land, the portion of 68 square meters in the ship connected each point of the attached Form 1, 2, 21, 20, 19, 18, 17, 16, 16, among the items of the attached Form 1 among the items of the attached Form 1 among the items of the land of Defendant C is occupied by the

In Defendant C’s land, there are about 16, 17, 18, 19, 20, 21, 21, 3, 4, 5, 6, 15, 14, 13, 12, 11, 10, 9, and 16 of the annexed Map No. 1 as a passage through the land owned by the Plaintiff on the land, and there are about 74 square meters of the part on board (hereinafter “instant passage”), which connects each point of (b) 13, 12, 11, 10, 9, and 16 of the annexed Map No. 1 as a passage to the land owned by the Plaintiff on the road. The width of the passage route connected to the other side of the road (hereinafter “instant passage”) is about 1.92 meters among the instant passage, and the width of the road connected to that side (hereinafter “instant passage”).

Except for the passage of this case, there is no passage leading to the plaintiff's housing for meritorious services.

【In the absence of dispute, the entry of Gap's evidence Nos. 1 through 3 (including each number of partial marks), the result of the survey and appraisal of the Korea Land Information Corporation in this Court, the field verification result of this Court's on-site verification, the purport of the entire pleadings, and the plaintiff's assertion that the plaintiff's plaintiff's assertion was passing through the plaintiff's house as a contribution to the plaintiff's house through the passage of this case, which is about about 2.5m in width, around September 2015.

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