logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.11.28 2016나53996
주위토지통행권확인
Text

1. Revocation of the first instance judgment.

2. The defendant is against the plaintiffs:

A. Attached Form 1, No. 45, 46.

Reasons

1. Basic facts

A. The ownership status and location of the relevant land 1) Plaintiff A is the owner of J 641 square meters, K, L 2,823 square meters, M 615 square meters prior to M, 2,602 square meters prior to P 2,602 square meters prior to P 29 square meters, and Plaintiff B is the owner of P 2,509 square meters prior to P 2,476 square meters prior to P 1,937 square meters prior to E, 91 square meters prior to E, 91 square meters, 91 square meters prior to F 91 square meters, G 1,000 square meters, 861 square meters prior to G, 209 square meters, and R land owner.

3) Of the paper, the Plaintiffs and the Defendant-owned land are owners of Tro-si Tro 136 square meters, U road 228 square meters, V road 6,261 square meters, W road 562 square meters, X road 215 square meters. The Plaintiffs and the Defendant-owned land are owners of land of Zland 25,63 square meters and AA land. 4) The Plaintiffs and the Defendant are located in the central part of the cadastral map, such as the indication of a copy of the cadastral map in attached Form 2, and the land owned by the Plaintiffs are located under the lower part of the cadastral map, and the land owned by the Plaintiffs are located at the lower part, and the forest owned by CJ and Y is located at the left part of the land owned by the Defendant-owned.

B. The current status of the land concerned 1) The land of the Plaintiffs is a blind spot with no way to contribute to the public road. 2) The Plaintiffs are using the land owned by the Plaintiffs as an orchard, and the Defendant is using the land owned by the Defendant as a dry field to cultivate dead interest.

다. 통행로 이용 경과 1 당초 원고들은 S종중과 Y의 묵인 하에 별지4 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ‘, ㄴ’, ㄴ", ㄷ‘, ㄹ’, ㅁ‘, ㅂ’, ㅅ', ㄱ의 각 점을 차례로 연결한 선내 (가), (나), (바), (다), (라), (마) 부분의 기존 통행로[(가), (나), (바), (다), (라) 부분은 원주시 W 도로 562㎡, X 도로 215㎡, V 전 6,261㎡의 일부분이고, (마 부분은 Z 임야 25,663㎡의 일부분이다.

hereinafter referred to as "the existing passage of this case"

[2] Throughout the first day of December, 2014, the part of the existing passage road of this case [in particular (e.g., earth and rocks on the part E] has entered the land owned by the plaintiffs.

arrow