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(영문) 대구지방법원 김천지원 2018.09.20 2018가단1472
주위 토지 통행권 확인
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 364 square meters in the Gu-si, Gu-si (hereinafter “Plaintiff’s land”). Defendant B is the owner of the 179 square meters in the Gu-si (hereinafter “Defendant 1”) and Defendant C is the owner of the 691 square meters in the Gu-si, Gu-si (hereinafter “Defendant 2”).

Defendant B is the spouse of Defendant B, who is the Plaintiff’s punishment, and Defendant C is the Plaintiff’s punishment.

B. G and Defendant B currently form a farmer’s house in Defendant 1 and 2, and the Plaintiff is currently not using the Plaintiff’s land.

C. The Plaintiff’s land is Defendant 2’s land to North Korea as follows, Defendant 1’s land to west, and land surrounded by Gu, Si, si, west to south, and I.D.

Attached Form 1(A) and the parts which link each point in the attached Table 1(b) are contained in some packages, and some of them are possible to pass through the Do newsletter because they are in the bank.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 11 (including branch numbers for those with virtual numbers; hereinafter the same shall apply), Gap evidence Nos. 3, 8, and 12, and the purport of the whole pleadings

2. The Plaintiff’s assertion is a blind land. Accordingly, the Plaintiff cannot make a contribution to the Plaintiff’s land without passing through the Defendants’ land owned by the Plaintiff.

The Plaintiff plans to grow the weekend farm and the domiculture on the Plaintiff’s land. Since it is necessary to use a road equivalent to 3 meters wide for cultivating the Baluri, the Plaintiff has the right to passage over surrounding land on the part of Defendant 1’s land, 3 meters in width connected in sequence to each point of Defendant 1’s land, 1, 2, 3, 4, 1, 3 meters in length and 9 meters in length (hereinafter “the passage route”).

In the event that the right of passage over surrounding land is not recognized, the Plaintiff’s right of passage over surrounding land should be recognized as to the 3 meters wide connecting each point of Annex A, B, C, D, and A among the Defendant 2’s land in sequence, and part (B) part of 12 meters in length and 36 meters in length (hereinafter “instant (B)”).

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