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(영문) 창원지방법원통영지원 2016.09.08 2015가단22273
주위토지통행권확인
Text

1. Attached Table 18, 19, 20, 21, 21, 40, 41, 31, 32, 33, 34, 35, 35, among the 1114 square meters in Tong-si, Tong-si, the Plaintiff owned by the Defendant.

Reasons

1. Basic facts

A. F, the Defendant’s father, who is the Defendant’s small father, has completed the registration of transfer of ownership as of November 6, 1985, No. 19908, respectively, under the Chang-gu District Court’s Tong-si Gdong (hereinafter “Yyoung-si”) with respect to C, D, and E (hereinafter “Defendant’s land”) (hereinafter “instant land”), i.e., when the land of the said three parcels is collectively named, barring any special circumstance, in indicating the location of the land.

B. F, at around 1985, opened and used a farm road inside the land of this case while purchasing the land of this case.

(A) No. 11, No. 3, 1994, its width seems to be narrow compared to the present, but its location, form, and length seems to be almost identical to the present).

The collapse of earth and sand caused by heavy rain around 1995 and around 1998 caused an accident to be fast down to F Residence's house. Accordingly, in Tong Young-si, a drainage channel was installed on the land of this case, and the above farm road established by F was packaged into concrete. D.

The Defendant completed the registration of transfer of ownership as to the Defendant’s land in this case by No. 13162, Jun. 9, 2009.

E. The Plaintiff completed the registration of transfer of ownership on May 26, 2010 as the receipt No. 14828, with respect to the area of 344 square meters prior to H.

(1) On November 8, 2010, H was merged with I and J, and the total area of which was 2479 square meters, and thereafter H was 2479 square meters (hereinafter “the Plaintiff’s land”).

F. The Plaintiff, while having access to the Plaintiff’s land in public service, connects each point of the attached Table 18, 19, 20, 21, 21, 40, 41, 31, 32, 33, 34, 35, 36, 37, 38, 39, 39, 47, 48, 51, 52, 53, 54, 56, 56, and 18 among the Defendant’s land in this case’s land, with the same appraisal map among the 35 square meters in order, among the 18, 19, 20, 34, 36, 37, 39, 47, 48, 49, 52, 54, 56, 56, 18, 24, 664, 67, 665, 667, 667

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