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(영문) 수원지방법원 2015.10.22 2015나15976
주위토지통행권확인
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. Plaintiff A owns a field of 2,906 square meters G in Gyeonggi-gu I (hereinafter “I”), and Plaintiff B owns a field of 2,151 square meters in JJ and a field of 216 square meters in K, while having a farming house in each of the above lands.

(hereinafter referred to as “land owned by the plaintiffs”) B.

The Defendant owned a 952 square meters in the neighboring land owned by the Plaintiffs (hereinafter “Defendant-owned land”), and the Plaintiffs entered the land with a passage leading to the 61 square meters inboard (B) and the 361 square meters in E field, which led to the 3,477 square meters in MU owned by the State, and the 12, 13, 14, 15, and 12 of the attached Form 1 of the land owned by the Defendant, among the land owned by the Defendant.

C. On April 2, 2014, the Defendant concluded a use contract with the Korea Rural Community Corporation for a 336 square meters of a F ditch, and opened the said ditch as an access road to the public road. On April 2, 2014, the construction of a new house was commenced on the land owned by the Defendant, and around that time, the Defendant restricted the Plaintiffs’ access to the instant land by installing a steel gate on the F ditch and on the boundary of the land owned by the Defendant.

The location of the land owned by the plaintiffs, the land owned by the defendant, and the neighboring land are as shown in the attached Form 2, and as of the date of closing argument in the trial of the party, the above construction of the defendant's

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6, 7, Eul evidence Nos. 1 through 7, Eul evidence Nos. 12 and images, the result of the on-site inspection by the court of first instance, the result of the measurement and appraisal by the court of first instance for the Director of the Korea Intellectual Property Office of the first instance, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the plaintiffs' assertion was that the defendant obtained a construction permit for constructing a detached house on the land owned by the defendant and promised to allow the plaintiffs to pass the land in this case.

Nevertheless, the defendant.

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