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(영문) 광주지방법원순천지원 2016.04.01 2015가단77421
주위토지통행권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 20, 2008, the Plaintiff purchased forest E, E, 3307 square meters (hereinafter “Plaintiff’s land”) from D on February 20, 200 and completed the registration of ownership transfer on the same day.

B. On December 17, 2009, the Defendant purchased C Forest land 2,553 square meters (hereinafter “Defendant’s land”) around the Plaintiff’s land through a voluntary auction procedure and completed the registration of ownership transfer on the same day.

C. Meanwhile, on April 29, 2014, F purchased 2,249 square meters of H forests and fields from G’s heir G on the Plaintiff’s land and the Defendant’s land, and on July 2014, F newly constructed 10 single-story single-story houses on the land by obtaining a construction permit around July 2015 with respect to the construction permit.

(B) The said H Forest land was divided into I 2,173 square meters and was subject to registration conversion (hereinafter “H Forest”).

On May 18, 2011, the Plaintiff obtained a consent to land use with respect to 242 square meters among H 2,249 square meters and J 1,143 square meters among H 2,249 square meters and 30 square meters among J 1,143 square meters. On November 16, 2011, the Plaintiff obtained a building permit for new construction of 4 unit houses on the Plaintiff’s land, but C.

As stated in the paragraph, F has become unable to use the above H forest as a passage through the wind that newly constructs a house by purchasing the above H forest.

E. The Plaintiff’s land has no access to K at the time of leisure, which is surrounded by the Defendant’s land and the land owned by others.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements and images, Gap's evidence Nos. 1 through 3, 6, 8, 11 (including paper numbers), the result of on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion 1) purchased the Plaintiff’s land from D with a view to newly building and operating a pent, and obtained the Plaintiff’s approval for use of 2,249 square meters, etc. among the 2,249 square meters of H forest land owned by D in order to use it as a passage road from the period of new construction of a penture and its contribution after new construction. (2) However, the Plaintiff’s plan was nonexistent on the wind that D’s heir sold the said land to F and discarded it as a passage.

3. Accordingly, the Plaintiff.

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