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(영문) 대구지방법원김천지원 2017.09.28 2015가단32741
통행권확인청구
Text

1. The defendant has each point in the attached map No. 1, 2, 3, 4, 5, 6, 7, and 1 among the land 2,680 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2,797 square meters (hereinafter “Plaintiff’s land”) before Kimcheon-si, and the Defendant is the owner of 2,680 square meters in C farm site (hereinafter “Defendant C”) and 1,327 square meters in D farm site (hereinafter “Defendant D land”).

B. The Plaintiff is growing cryp trees on the Plaintiff’s land, and the Defendant operates a stable in Defendant C’s land.

C. The Plaintiff’s land may not enter the road to North Korea without passing through the surrounding land, which is surrounded by Defendant D’s land and Defendant G’s land to North Korea, and by E ditch to South Korea and H forests.

The Plaintiff, among the Defendant C’s land, is entitled to the following: (a) the part on the ship connecting each point of the attached drawing in sequence 1, 2, 3, 4, 5, 6, 7, and 1; (b) the part on the ship connected each point of the Defendant D’s land with the indication of the attached drawing in sequence 26, 27, 28, 29, 30, 33, 34, and 26; (c) the part on the ship connected each point of the attached drawing in sequence; (d) the part on the land owned by the Republic of Korea, Kimcheon-si, Kimcheon-si, 1, 7,68, 9, 10, 112, 13, 15, 16, 17, 18, 19, 20, 23, 24, 26, 334, 30, 31 or 31; and (c) the part on the surrounding land.

[Ground of recognition] A without dispute; Gap evidence Nos. 1, 2, 3, 6 (including each number, if any; hereinafter the same shall apply); Eul evidence Nos. 6; Eul evidence Nos. 4 and 5; Eul evidence Nos. 5; each video of this court’s verification result; the result of this court’s entrustment of appraisal to the old and new branch offices of the Korea Land Information Corporation; the purport of the whole pleadings

2. The parties' assertion

A. The I selling the Plaintiff’s land to the Plaintiff is a contribution to the Plaintiff’s assertion through the surrounding land of this case before the example.

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