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(영문) 대구지방법원김천지원 2016.02.04 2015가단3378
주위토지통행권확인 등
Text

1. The Defendant connects the Plaintiff with each point of the annexed map Nos. 1, 2, 3, 5, and 1 among the land size of 156 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 827 square meters prior to Kimcheon-si, Kimcheon-si (hereinafter “Plaintiff’s land”). The Defendant is the owner of 156 square meters and 130 square meters prior to D, Kimcheon-si, Kimcheon-si (hereinafter “Defendant’s land”).

B. The Plaintiff’s land is surrounded by Kimcheon-si’s electric power, G, H, I, J, K, K answer, L, M, M M, and N. As follows, the Plaintiff’s land is not allowed to enter a public road without passing through the part (b) 5, 6, 7, and 4 square meters (the sum of the above (a) and (b) and 50 square meters (the sum of the parts (b) and (b) as the sum of the parts (a) and (b) above, which are identical to the part of the Defendant’s land in sequence 1,2,3, 5, 5, and 1, which are identical to that of the size of 100 square meters in the attached drawing among the Defendant’s land.

C. The Plaintiff has access to the Plaintiff’s land using the instant surrounding land. From around 2015, the Defendant left a vehicle at the entrance of the Plaintiff’s surrounding land or obstructed the Plaintiff’s passage by installing obstacles.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion has had access to the land around the plaintiff's surrounding land through the land in this case, and the defendant obstructed the passage of the surrounding land in this case. Thus, the plaintiff's right to passage over the surrounding land in this case and the prohibition of interference with the plaintiff's passage over the surrounding land in this case is sought.

B. The Defendant’s assertion is raising Korea-style cattle in the size of 1,860 square meters adjacent to the Defendant’s land. However, when the Plaintiff passes through the surrounding land of this case, it would cause serious damage to the livestock shed, such as Han-do, Han-si’s wife or Han-do’s stress.

In addition to the surrounding land of this case, the Plaintiff may enter a public road by using a passage prior to Kimcheon-si and H, which passes between P (hereinafter “the passage”), or the Plaintiff’s passage prior to Kimcheon-si and Kimcheon-si.

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