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(영문) 대구지방법원 2020.02.07 2018나317513
주위토지통행권확인등
Text

1. The judgment of the first instance is modified as follows upon the claim that was changed in exchange by this court.

Defendant.

Reasons

1. Facts of recognition;

A. On December 8, 1980, the Plaintiff completed the registration of preservation of ownership of D forest land 51,570 square meters (hereinafter “the instant orchard”) in Yeongdeungpo-si, Youngcheon-si, the Plaintiff completed the registration of preservation of ownership, and set up a sand shed, agricultural shed, etc.

B. On May 24, 2010, the deceased B (hereinafter “the deceased”) acquired ownership of the land adjacent to the instant orchard CY 291 square meters (hereinafter “instant surrounding land”).

C. The instant orchard flows over the south-west along, as indicated in the attached Form 2, the river (hereinafter “the instant river”), and the remainder is surrounded by the said Nan Forest, O Forest, etc., and it cannot be said that the instant orchard will contribute without passing through surrounding land.

The plaintiff started from the east side of the orchard of this case, and has access to the surrounding land of this case and the road that passes through the river of this case as a contribution to the use of the road.

E. Attached 1 Appraisal No. 6, 7, 13, 14, 15, 16, and 6 in order to connect each point on the land surrounding the instant case, is part of a bridge packed with concrete packaging in the instant river (hereinafter “instant bridge”), and is connected to the said road.

The passage of this case requires repair due to partial destruction.

F. On October 7, 2018, the deceased died after the closure of the proceedings in the first instance trial, and the Defendants taken over the instant legal proceedings in the trial as the spouse or children of the deceased, who are the inheritor of the deceased.

G. On April 18, 2019, Defendant M completed the registration of ownership transfer on the instant surrounding land due to a consultation and division.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap's evidence 1 through 6 (including a case where there is a serial number; hereinafter the same shall apply), the result of this court's request for surveying and appraisal for the head of the Youngcheon Branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) of this case.

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