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(영문) 울산지방법원 2019.06.26 2018가단63541
주위토지통행권확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The land of this case was owned by Nonparty F on December 24, 1974, when the land of this case was sold by Nonparty G, the husband of the Plaintiff, for compulsory auction on October 13, 2015, and was owned by the Plaintiff on February 24, 2017. D land was sold by Defendant B through compulsory auction on October 16, 2015 and sold one-half shares to Defendant C on November 5, 2015.

B. The instant land and D land adjoins to “H ditches” as indicated in the certified copy of the cadastral map in the annexed sheet. As the D land has a concrete bridge on the line that connects each point of the 11 and 31 points indicated in the annexed sheet, it is possible to pass through a public road. The instant land is located within a bank length of approximately 60 cm wide from the aforementioned bridge to pass through a road between D and H ditches.

C. The instant land and D land are a stairs field, and the instant land is located within a zone lower than D land, and the instant land is located within a zone lower than D land.

As the instant land is considerably neglected for a considerable period of time, grass, etc., the Defendants grow up with various trees, such as Bluluene and alian, etc., and grow up on the land in I located in a zone lower than the instant land, while passing through a road through the bridge through which they walk up on the “H ditch.”

【Fact- without dispute over the basis of recognition”, Gap 1-1, 1-2, 3 through 6, Eul 1 through 7 (including abnormal numbers) and the purport of the whole pleadings.

2. Determination

A. The gist of the Plaintiff’s assertion is that the Plaintiff, who is her husband, passes through the parts written in the claim(hereinafter “instant passage”) of the D land through the Track and light rail, through this Chapter, after acquiring the instant land. It is rice farming shed in the instant land.

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