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(영문) 수원지방법원 2019.08.13 2016가단30629
주위토지통행권확인 등
Text

1. The plaintiff's lawsuit against the defendant B dismissed the plaintiff's right of passage over surrounding land.

2.Yung-si D.

Reasons

1. Basic facts

A. The Plaintiff is an owner of the land owned by the Plaintiff (hereinafter “Plaintiff-owned land”) of the 721m2 and the 3,256m2,00 square meters of the G river in Yeongdeungpo-gu, Young-gu and H.

Defendant B is the owner of F.C. F. F. 5,418 square meters in the neighboring land owned by the Plaintiff (hereinafter “Defendant B-owned land”); Defendant C is the owner of D. D. 1,154 square meters in the neighboring land owned by the Plaintiff and E. 1,154 square meters in the preceding E. (hereinafter “Defendant C-owned land”).

B. The land owned by the Plaintiff is a blind-out that has no way to enter a public road without passing through another’s land.

C. Around December 24, 1996, Defendant C purchased the land owned by Defendant C from Defendant B and acquired the ownership of the land owned by Defendant C.

Defendant C obtained permission from Defendant B at that time, and used the portion of “bbbbb” in the ship (hereinafter “the road portion owned by Defendant B”) as a passage from the land owned by Defendant C, for the following reasons: (a) the appraisal of the land owned by Defendant B (attached Form 1), (b), (3), (4), (5), (6), (7), (7), 33, 34, 35, 36, 37, 38, 39, and 1, to the extent that the land owned by Defendant C was connected in sequence-gu I (hereinafter “instant meritorious service”).

In addition, Defendant C used the portion of 74 square meters in the ship's 84 square meters and E 1,154 square meters (attached Form 2) connected with the indication 47, 48, 53, 54, 71, and 47 in sequence, the appraisal of which is 53, 83, 73, 74, 82, 54, and 53 square meters (attached Form 2) connected with each point of 53, 83, 74, 82, 54, and 53 square meters (hereinafter "the part of the road owned by Defendant C") connected to the public service of this case as above, as a passage to the part of the road owned by Defendant C, which is connected with the public service of this case.

In other words, the defendant C has entered the road part of the land owned by the defendant C and the road part of the land owned by the defendant B through the road part of the defendant C.

E. Defendant C acquired the Plaintiff’s land ownership on April 1, 2016, and around that time, Defendant C owned the Plaintiff to prevent the Plaintiff from reaching the instant contribution through the part of the land owned by Defendant C.

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