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(영문) 의정부지방법원 2021.03.17 2019가단11517
주위토지통행권확인 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On July 24, 2013, the Plaintiff acquired 1/3 shares of G land on July 24, 2013, and completed the registration of the transfer of shares on June 23, 2017 due to the cancellation of the nominal trust.

The Plaintiff acquired the ownership of F land on March 10, 2015 (hereinafter “F land” and G land together referred to as “each of the instant land”). One parcel of G land is divided into H 4,625 square meters of forest land in Namyang-si, Namyang-si, Namyang-si, (hereinafter “Before the instant subdivision”; hereinafter “I land in Seoyang-si, the relevant land is entered only in the relevant branch) on July 23, 2010. Since H 3,083 square meters of forest land (hereinafter “H land”) after subdivision is owned by J.

Defendant B entered into a loan contract for the use of housing site for the land owned by the owner of land D, and the land owned by the Republic of Korea adjacent to D, and resides in D and E.

The defendant Korea Asset Management Corporation manages land E as a public institution in charge of the management of state property.

The previous land before the subdivision of this case, including the progress of litigation, was able to have access only through the other person’s real estate (the location of each land, etc. of this case is as shown in the annexed Form 2). Accordingly, J opened through the entrance at a place adjacent to H land and the K ditch (hereinafter “H ground entrance”) and passed through a method leading to contribution after passing through the other person’s land. The Plaintiff used the stairs at a place adjacent to the G land (hereinafter “G ground stairs”) and the ditches owned by the State (L, M,K) and D land owned by the Defendant (hereinafter “diculway” indicated in the annexed Form 3) and returned back to the next direction by using the Defendant’s land (N,O, P, Q, etc.) (hereinafter “diculline”).

During that period, the owner of adjoining land, such as Defendant B, etc., prevented the Plaintiff from passing through using his own land.

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