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(영문) 부산지방법원동부지원 2016.12.28 2015가단11467
주위토지통행권확인등청구
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated on the attached Form 1, 2.2, among the land size of 691 square meters in Busan-gun, Busan-gun, Busan-gun.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 27, 2014, the Plaintiff: (a) completed the registration of transfer of ownership in the name of the Plaintiff with respect to DJ 641 square meters in Busan-gun, Busan-gun (hereinafter “the Plaintiff’s land”); (b) constructed a temporary building of six square meters on that ground; and (c) cultivated vegetables, etc. at that place within one to two days per week.

B. The Plaintiff’s land is a franch surrounded by E, west-west, F (this land is surrounded by E, E, and the franch surrounded by the Plaintiff’s land), and C (hereinafter “Defendant’s land”) toward the south and south, and the user of the Plaintiff’s land is not allowed to enter the public road unless the Defendant’s land passes.

C. Before the Plaintiff acquired ownership of the Plaintiff’s land, users of the Plaintiff’s land have access to the land through the Defendant’s land.

The defendant around April 200, 200.

On May 2015, after acquiring the F War as stated in the port F, the Defendant’s land was also acquired, and thereafter, the Defendant’s land users, including the Plaintiff, installed a water network on the part of the Defendant’s land adjacent to the Defendant’s land, and obstructed the Plaintiff’s passage.

[Ground of Recognition] Unsatisfy, entry or video of Gap evidence 1 through 18 (including each number for a case with a serial number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. If there is no passage between a certain land and a public road necessary for the use of the surrounding land, the owner of the surrounding land can not enter the public road at all without passing over or passing over the surrounding land, and if an excessive cost is required, the owner of the surrounding land may pass over the surrounding land pursuant to Article 219 of the Civil Act or, if necessary, pass over the surrounding land.

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