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(영문) 춘천지방법원강릉지원 2015.08.25 2014가합100569
주위통행권확인등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff related to land ownership is the owner of Gangseo-si C (hereinafter “C”) 714 square meters in river, E prior to 463 square meters in size, and F 453 square meters in size (hereinafter “Plaintiff’s land” by adding up each of the above land to the compulsory auction procedure on each of the above land on November 21, 2013). The Defendant is the owner of the land of the G 107 square meters in total and H 1,210 square meters in size (hereinafter “Defendant’s land”).

B. In the cadastral map, the land status 1) the I road is directly abutting on the north side of the Plaintiff’s land (see the cadastral map 1), and the entire form of I road in the cadastral map is the same as the part indicated by the upper lines of drawings in the attached Form 2. 2) Among the I road in the cadastral map, the part of the I road is directly abutting on the north side of each of the above land in the order of the Plaintiff’s land, J land, and K in the direction from the east direction (hereinafter “the above part”), and the part of the road is directly abutting on the north side of the Defendant’s land, and is connected to the national road through which the vehicle can pass by extending to the north from the south (hereinafter “C part”), and the part of the I road is connected to the national road through which the vehicle can pass by going to the north from the south side of the land and M.

(A) The Defendant’s land does not directly relate to the Plaintiff’s land, but can reach the Defendant’s land (see attached Form 1 cadastral map) only after undergoing I road (see attached Table 1). 【No dispute over the grounds for recognition, the entry in each of the subparagraphs 1, 2, and 3-1 of the evidence Nos. 1, 2, and 15-1 of the evidence Nos. 1, 2, and 15-1, as a result of the on-site inspection by this Court, the purport of the entire pleadings.

2. In order to reach a national road on which a vehicle can pass from the land owned by the Plaintiff’s summary of the Plaintiff’s assertion, the part of the I road should be set up through (b) the part adjacent to the Defendant’s land.

Plaintiff

In order to construct a detached house on the land owned, at least four meters in width.

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