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(영문) 수원지방법원안산지원 2017.12.22 2016가단74760
주위토지통행권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Current status of the land of the plaintiff and defendant

A. The Defendant is the owner of the area of 1,452 square meters (hereinafter referred to as “the Defendant’s land in this case”) prior to Silung-si. The Plaintiff is the owner of the area of 1,401 square meters (hereinafter referred to as “the Plaintiff’s land in this case”) prior to Silung-si.

In the case of the plaintiff's land, the North-dong part of the defendant's land in this case is adjacent to the current status of the indication of the attached drawing.

B. On the northwest of the Defendant’s land, E, a secondary line road through which vehicles can pass, is located.

C. At the end of the south-west direction of the Plaintiff’s land, there exists a dial bank with which people can pass (hereinafter “instant dial bank”), and the instant dial bank is located from the southwestwest to the northwest. At the end of the southwest of the instant dial bank, the agricultural roads leading to the F field, G, and H answer (hereinafter “the instant dial road”) are located toward the southwest side of the northwest.

Attached Form

A person may pass through the farm road of this case and the rice bank of this case, such as the red lines marking.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1-1, 2, and 2-2, and the result of on-site inspection and the purport of all pleadings in this court

2. The plaintiff's assertion and the issues of this case

A. The Plaintiff’s land constitutes a franchis not allowing access to E, a public road, and the Defendant’s land adjoining to E. Therefore, the Plaintiff’s right to access to the instant dispute, which is owned by the Defendant, pursuant to Article 219 of the Civil Act, is sought to confirm that the Plaintiff has access to the instant land.

B. Even if the Plaintiff is possible to pass through the instant farmland through the instant embankment, the Plaintiff is prohibited from having access to the farmland, machinery, truck, etc. through the instant embankment, and the instant farmland does not constitute a meritorious deed as a private land. Therefore, the Plaintiff is seeking confirmation that the Plaintiff has the right to pass through the instant land.

A. The Plaintiff

As stated in the foregoing paragraph, the Plaintiff’s land is the franchise.

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