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(영문) 의정부지방법원 2015.02.04 2013가단55676
통행권확인 등
Text

1. Between the plaintiffs and the defendant, the results of the cadastral status survey in attached Form 2 shall also be indicated with the plaintiffs 2,678 square meters before Macheon-si E.

Reasons

1. Basic facts

A. Plaintiff A is the Plaintiff’s owner of F farm site 1,00 square meters, Plaintiff B is the 1,249 square meters of forest land G, Plaintiff C is the 1,373 square meters of H, and the Defendant is the 2,678 square meters of land prior to E.

B. Each of the above lands owned by the plaintiffs and the defendant is adjacent to each of the above lands, as seen in the separate sheet 1 and the old map, and the plaintiffs reached their meritorious services through concrete packaging roads established on the above I, J, K, and E (hereinafter referred to as the "road of this case"). The road of this case is an access road, and the plaintiff A filed a house construction report on the Pocheon View-si and the plaintiff B filed a house construction report, respectively, and the road of this case is the road of this case from each of the lands owned by the plaintiffs to their meritorious services.

C. Meanwhile, the Defendant brought a lawsuit for the removal of concrete packaging constructed by the same person against L, which used a concrete package on the land owned by him/her without the Defendant’s permission, on the land owned by him/her and for the delivery of the said land on the land of 146 square meters (Li Government District Court Decision 2013Da153891), and won the judgment, which became final and conclusive by dismissing L’s appeal and appeal respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Part on the right of passage over the surrounding land

A. The plaintiffs' assertion 1) The plaintiffs are the only passage from the land owned by the plaintiffs to the meritorious service, and each point of 1, 2, 3, and 1, among the roads installed on the land owned by the defendant, are as follows:

(2) The plaintiffs are entitled to pass over surrounding land as to the issue of this case, since they cannot pass through the public road without passing through the road owned by the defendant among the roads of this case. Thus, the plaintiffs cannot comply with the plaintiffs' request.

B. We examine the judgment, and each of the plaintiffs' possession.

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