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(영문) 대전지방법원공주지원 2015.01.15 2014가단20744
주위토지통행권확인 등
Text

1. The attached Table 1 2, 3, 4, 6, 7, and 2, among the area of 463 square meters prior to D, Si-Gu, Si-si, shall be the attached Table 2, 3, 4, 6, and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of E large 219 square meters (hereinafter “the Plaintiff’s land”). The Defendants are the right holder of each of the Defendants’ land in this case.

B. The Plaintiff’s land is adjacent to the G 456 square meters in total owned by F, H 861 square meters in place owned by Magian, Inc. (hereinafter “H land”), and the G 741 square meters in place owned by I and J, and is adjacent to the north of the said land, such as the attached Table 3’s “Magsan Cadastral Ear Map”.

C. Land used as a path from the Plaintiff’s land to the public road was not only the Defendants’ land, but also H land. However, the owner of H land performed embling operations and installing a stone shed with approximately two meters high in height on the boundary line with the Plaintiff’s land. At present, it was impossible to enter the Plaintiff’s land from the public road using H land to the public road.

Therefore, from the time of the construction of the stone shed, only through the land of the public city and the Defendants’ land of this case can be credited to the Plaintiff’s land of this case.

around May 10, 2014, the Defendants: (a) laid up stone on the instant Defendants’ land from May 14, 2014; (b) carried out a stable construction project from May 14, 2014; and (c) constructed a stone shed with a height of 1.5 meters and a length of 5 meters on the line connecting 6, 7, 8, and 9, respectively; and (c) therefore, the Defendants cannot enter the instant land using the instant Defendants’ land.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 14 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, Eul evidence Nos. 5, the result of the verification by this court, the result of each request for surveying and appraisal to the Director of the Korea Cadastral Corporation, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, the Plaintiff’s land is surrounded by another’s land, including the Defendants’ land, and there is no passage leading to a meritorious deed, and thus, from the contribution to the Plaintiff, to the Plaintiff’s land.

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