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(영문) 서울중앙지방법원 2015.02.13 2014가단8064
주위토지통행권확인 등
Text

1. The defendant,

A. The Plaintiff has the right to pass the land with respect to the land size of 496 square meters in Echeon-si, C, D, 165 square meters, and E, 284 square meters.

Reasons

1. On April 7, 2011, the Plaintiff acquired the ownership of 1/4 of F Miscellaneous land among F Miscellaneous land (hereinafter “F land”) on April 7, 201, the Defendant acquired ownership of the land of this case with a size of 496 square meters, D 165 square meters, E 284 square meters (hereinafter “each of the instant land”). On March 1 to 6, 209, the Plaintiff acquired ownership of a portion of the instant land from March 2009 to a third party, including H, in sequence, and owned the remaining shares (in order, 59/496, 27.05/165, 44/284 shares) after completing the registration of transfer of ownership on the land of this case with a size of 3,00 square meters adjacent to the Plaintiff’s co-ownership share, and the land of this case with a size of 140 square meters adjacent to each of the instant land owned by the Defendant 3,000 square meters adjacent to the instant land and adjacent to 3.

2. The instant claim, which is the cause of the instant claim, sought the removal of obstacles, such as fences, which obstruct the confirmation and passage, and the prohibition of future interference, on the premise that the Plaintiff has the right of passage over each of the instant land for the following reasons.

Around November 25, 2008, there exists an agreement between L and the Defendant on a free loan to the effect that each of the instant lands should be used for a contribution from F land without compensation, and the Plaintiff acquired the above free loan from L at the time of acquiring co-ownership. The Defendant had the legal right to passage through each of the instant lands under Article 219 of the Civil Act, which allows the Plaintiff to have access to public service, so as to allow the Plaintiff to have access to public service.

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