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(영문) 대전지방법원 2015.11.26 2014가단46041
주위토지통행권
Text

1. For the plaintiffs:

A. Defendant D indicated in the attached Form No. 11, 12, 13, 19, 20, 21, out of 126 m2, 12, 13, 19, 20, 211, among the 126 m2,00 square meters

Reasons

1. The Plaintiffs are the co-owners of 4,740 square meters (hereinafter “Plaintiffs”) prior to Y in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and Defendant D is the owners of 1,266 square meters prior to YY-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “F land”); and the Defendants are co-owners of 823 square meters prior to Y-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “G land”). There is no dispute between the parties.

2. The plaintiffs' assertion that the plaintiffs' land is attached to the F land owned by defendant D for access to the public land that was not adjoining to their meritorious services.

1. Attached Form 11, 12, 13, 19, 20, 21, and 11 of the drawings, among the (b) area of 28 square meters and the G land owned by the Defendants;

1. The Defendants claim that the part (b)(c) portion(c)(26m2) of the said F land should pass through 34,35, 36, 13, 12, 11, 38, 37, and 34 in sequence connected with the respective points indicated in the drawings, and claim against the Defendants the confirmation of the right to passage over the surrounding land(b)(c)(b)(c) and 28m26m2(c) of the said F land among G land(hereinafter “instant area”).

3. Determination

A. The following circumstances, i.e., the plaintiffs' land: Gap evidence Nos. 4 and Eul evidence Nos. 3 (including paper numbers), and the result of the commission of surveying and appraisal to the Korea Land Information Corporation, which are acknowledged by considering the overall purport of the pleadings as a result of the on-site verification conducted by this court:

2. As shown in the cadastral map, it is a blind site not adjacent to the public service; ② The part of the dispute in this case is only passed in order to pass a public service on the land of the plaintiffs; ③ the part of the dispute in this case is located at the boundary of G land and the edge of F land; ③ The part of the dispute in this case is located at the part of the boundary of G land and the edge of the land; and the defendants are currently not using the part in this case for a specific purpose. The plaintiffs first asserted the right of passage over surrounding land in the part of F and G land, but considering the contents of the defendants' assertion, they are entitled to pass over surrounding land in this case.

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