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(영문) 창원지방법원거창지원 2014.07.22 2014가단760
주위토지통행권확인청구
Text

1. The plaintiff

A. Defendant Chang-gun and Defendant C indicated an appraisal map in attached Form 9, 8, 22, 21, among the area of 590 square meters per 590 square meters per Dong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. (1) The Plaintiff is the owner of 512 square meters of land (hereinafter “instant land”).

(2) Defendant Chang-gun is the owner of 590 square meters (hereinafter “instant land”) and 69 square meters (hereinafter “third land”) before E, which are 59 square meters (hereinafter “instant land”).

(3) Defendant B is the owner of 1170 square meters per 1170 square meters per Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

(4) Defendant C is an owner of the area of 883 square meters (hereinafter “instant land”) prior to H in Chang-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. The instant land is not allowed to enter the instant meritorious land as a franchis that did not have adjacent contributed to the surrounding area, without passing through the land owned by another person (which is a contribution that passed through the I through J, K through J, M, N,O, P, Q, R, D, etc. of the Republic of Korea).

C. There are lands adjacent to the instant land, which are owned by the Defendants, and land Nos. 2 through 5.

The most easy method leading to the instant land to a public road is to pass through the Defendants’ land located between the instant land and the public road. Among them, the method of passing the Defendants’ land located between the instant land and the Defendants’ land. Among them, the portion (8,22, 21, 28, 27, 18, 26, 25, 24, 29 through 38, 38, and 9 indicated in the attached appraisal map among the instant land No. 2 is about 7 square meters; the portion (8), among the instant land No. 3, the same appraisal map is about 21,20,19, 18, 27, 28, 21 square meters, and the portion (11 square meters) connected to each of the instant land No. 4, and the portion (20,9, 38, 1000 square meters and the same appraisal map is to be connected in order to each of the said parts (15,13,150,1500 square meters).

[hereinafter] (hereinafter referred to as "the passage of this case") E is referred to as "the part of (8), (1), (3), and (2) as "the passage of this case".

The passage of this case was originally made by Defendant C to enter the land No. 5 of this case, and at the present, Defendant C is on the ground of the passage of this case.

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