(영문) 대전지방법원 2016.11.29 2015가단38504

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(영문) 대전지방법원 2016.11.29 2015가단38504

주위토지통행권확인 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 25, 2015, the Plaintiff purchased the building site and its ground (hereinafter “Plaintiff-owned site or building owned by the Plaintiff”) from the auction procedure, and acquired the ownership. On October 2, 2013, the Defendant purchased the building site and its ground (hereinafter “Defendant-owned site or building”) of Daejeon-gu Daejeon-gu, Daejeon-gu, and acquired the ownership thereof.

B. Before the Plaintiff and the Defendant owned each building site, each building was modified to connect one another on the boundary line of the building site, and the entrance and stairs that can pass from the first floor of the building owned by the Plaintiff to the second floor of the building owned by the Plaintiff were closed.

As a result, the first floor of the building owned by the defendant (the "A" part of the attached drawing, hereinafter referred to as the "instant entrance") and the "C" part of the attached drawing indication (hereinafter referred to as the "instant passage") can be access to the back of the first floor of the building owned by the plaintiff, and the second floor of the building owned by the defendant was changed through stairs in the attached drawing indication "B" (hereinafter referred to as the "instant stairs").

However, the above structural changes are not registered in the building ledger.

C. The Defendant refused access to the instant entrance, passage, and stairs owned by the Plaintiff and the Defendant on the land owned by the Defendant on the ground that the building owned by the Defendant was managed as a building that was managed as a building that was modified in an unlawful structure, and that the said building suffered disadvantages.

[Reasons for Recognition] The entry of Gap evidence 1-1-3, Eul evidence 2-2, Eul evidence 4, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s former owner of the building owned by the Defendant is to use the instant entrance, passage, and stairs between the former owner of the building owned by the Plaintiff and the former owner of the building.

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