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(영문) 대구지방법원 2015.10.08 2014가단127124
통행권확인의 소
Text

1. The defendant is one of the items indicated in the attached Form 2, 2', 11', 12 and 2 among the land size of 111 square meters in Daegu-gu, Daegu-gu C river.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a 541m2 and E river 26m2 (hereinafter “Plaintiff-owned land”) in Daegu-gu, Dong-gu, Daegu-gu, and the Defendant is the owner of a 62/111m2 of the 111m2 of the 111m2 in Daegu-gu, Daegu-gu C river (hereinafter “Defendant-owned land”).

(B) Of the instant C river 111 square meters, part 10 square meters in the ship connected to each point in sequence of the indication 2, 3, 11, 12, and 2 of the annexed drawings (hereinafter “instant dispute land”) is used as a passage between the Plaintiff’s land and a public road, and there is no access road leading to a public road other than the said dispute land.

B. On July 5, 2014, the Plaintiff filed an application for a building permit with the head of Daegu Metropolitan City Dong-gu, in order to newly construct a Class 2 neighborhood living facility 274.92 square meters on the land owned by the Plaintiff, and received a reply from the head of the Dong-gu, that a building permit is possible to obtain the Defendant’

In addition to the approval for land use, there is no reason that the plaintiff may obstruct the construction of a building on the land owned by the plaintiff.

C. The plaintiff requested the defendant to consent to use the land owned by the defendant, but the defendant rejected it.

When a new building is built on the land owned by the plaintiff, the defendant will no longer pass through the land in the dispute of this case.

It is practically difficult to use the dispute land of this case for purposes other than road in light of the shape, sharing relationship, locational condition, surrounding conditions, etc. of the land owned by the defendant.

Meanwhile, a voluntary conciliation was established between the Plaintiff and the instant Joint Defendant Daegu Metropolitan City on July 9, 2015 with the same content as the purport of the claim.

[Grounds for Recognition] Facts without dispute, empirical rule, significant facts in this court, Gap evidence 1-6, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. Organization of and judgment on issues

(a) recognition of traffic rights over the surrounding land without construction; and

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