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(영문) 의정부지방법원 2017.06.09 2017나200307
주위토지통행권 확인의소
Text

1. The defendant succeeding intervenor's appeal is dismissed, respectively.

2. The costs of appeal shall be borne by the defendant successor.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 2,876 square meters and G previous 6,195 square meters (hereinafter “Plaintiff-owned land”). The Defendant is the owner of land of 1,147 square meters adjacent to the said G G land owned by the Plaintiff (hereinafter “instant land”). The Defendant’s succeeding intervenors are co-owners who completed the registration of ownership transfer of the instant land on July 15, 2016, where the instant lawsuit is pending, on the ground of sale on April 11, 2016.

B. The land owned by the Plaintiff is a blind-out that is surrounded by the neighboring land owned by another person, including the instant land owned by the Defendant’s Intervenor, and that is not a length leading to a contribution.

C. In order to enter the land owned by the Plaintiff as a public road, a part of 43 square meters in the ship (hereinafter “instant road”) that connects each point of the attached Form No. 15, 10, 11, 16, and 15 among the instant land in sequence must pass through the road (hereinafter “instant road”).

Plaintiff

The Plaintiff’s father, the Plaintiff’s father, acquired land through sale on August 14, 1969, and used the instant passage from the time of its acquisition, and around April 2016, the Defendant set up a fence fence on the instant passage and obstructed the Plaintiff’s passage.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 10, 11 (including the number of branches) and images, the result of the on-site inspection by the court of the first instance, the result of the on-site inspection by the court of the first instance, the purport of the whole pleadings by the first instance appraiser I

2. The parties' assertion

A. There is no way to enter the land owned by the Plaintiff without passing through the Plaintiff’s instant road, and the Plaintiff has a right to pass over the surrounding land on the instant road.

B. In a case where the Defendant’s succeeding intervenor recognized the right to passage over surrounding land on the instant road, not only would it significantly impede the construction of a building on the instant land, but also the Plaintiff may enter a public road by using a neighboring land passage. Thus, the Plaintiff’s land to enter the land owned by the Plaintiff.

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