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(영문) 전주지방법원정읍지원 2019.06.04 2018가단12283
주위토지통행권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is the owner of 6603 square meters (the same as the part indicated in the attached Form B, and hereinafter referred to as the “instant land”) of the Cho Chang-gun, Jeon Chang-gun, Jeonbuk-gun, and operates a stable in the instant land.

On March 14, 2011, Defendant (Appointed Party) completed on March 14, 2011, the registration of the transfer of ownership, which was based on the sale on March 13, 201, to E with respect to D forest land 1,507 square meters adjacent to the instant land (hereinafter “instant adjacent land”).

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the summary of the plaintiff's argument as to the purport of the whole pleadings, the defendant (appointed party) and the designated parties in the attached list are obliged to pay 100,000 won to the plaintiff as joint tortfeasor, respectively, as well as the designated parties in the attached list, in the line connecting each point of 1 and 4 of the attached drawing Nos. 1 and 4 among the neighboring land of this case.

Judgment

The evidence submitted by the Plaintiff alone is not sufficient to deem that the act of connecting the two points of the drawings 2 and 3, such as the line connecting each point of the No. 1 and 4 of the annexed drawing No. 4 among the adjoining land in this case by Defendant (Appointed Party) or the Selection Party E, constitutes a tort as an unlawful act exceeding the permissible scope under the statutes or the social norms, and there is no other evidence to acknowledge the illegality of the act. Thus, the Plaintiff’s above assertion is without merit.

The plaintiff's claim of this case is dismissed.

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