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(영문) 춘천지방법원 영월지원 2018.08.29 2017가단2033
주위토지통행권확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, as the owner of the housing, reside in the said housing, and cultivate crops on each of the above lands, as the owner of the housing, of the housing with a size of 465 square meters, F 60 square meters, and the housing with a size of 660 square meters and above 1,418 square meters (hereinafter collectively referred to as “land”).

B. The Defendant is the owner of 451 square meters adjacent to each land owned by the Plaintiff.

다. 원고 소유 G 토지는 맹지이고, E 토지는 공로에 접해 있는데, 원고는 E 토지에서 D 토지 중 별지1 도면 표시 9, 10, 11, 12, 9의 각 점을 차례로 연결한 선내 ㈐부분 70㎡(이하 ‘이 사건 통행로’라 한다)를 통하여 G 토지로 통행하여 왔다. 라.

However, from August 2017, the Defendant established a huge network for the boundary of D land from around August 2017, and the Plaintiff interfered with the passage of the instant road.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 3, and 4 (including virtual numbers), Gap 5 images, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion is that the passage of this case is the only passage from G land, which is a blind land, to a contribution, and the plaintiffs have the right to passage over surrounding land.

Therefore, the plaintiffs seek a judgment as stated in the claims against the defendant.

B. In full view of the following circumstances that can be recognized by comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 6, Eul evidence Nos. 4 and 5, each of the images of Eul evidence Nos. 3 and 6 (including paper numbers), the on-site verification by this court, and the overall purport of the arguments as to the result of appraisal, the plaintiffs' right to passage over surrounding land is not acknowledged. Thus, the plaintiffs' claim against the prior owner on a different premise is rejected without need to further examine.

(1) G, I, and E land are in contact with the size of 38,318 square meters in J-owned rivers, both of the descriptions in the attached Form 2.

② In E, passage through G land through the above J is possible, and the plaintiffs now have J land.

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