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(영문) 대구지방법원 2019.04.26 2018가단112922
주위토지통행권확인 등
Text

1. Of the land size of B 5,490 square meters in Busan Metropolitan City, the Defendant indicated in the attached Form 1, 2, 3, 4, 5, 6, 11, 12, 13, 14, and 1.

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff acquired the ownership of 1,619 square meters of D miscellaneous land (hereinafter “Plaintiff’s land”) in Pyeongtaek-si, Busan-si, and sets up a pool farmer on the Plaintiff’s land.

The defendant is the owner of B river B in Busan-si and 5,490 square meters and C 106 square meters (hereinafter referred to as "land number") in total.

The defendant is receiving occupation and use fees from the non-party to the non-party with the occupation and use permission of 669 square meters among the land B.

B. The Plaintiff’s land is land surrounded by the Defendant’s land and the land surrounded by the E prior, F Rivers, etc.

The Plaintiff has used a passage through the Defendant’s land (hereinafter referred to as “existing passage”) in order to grow to the nearest service on the Plaintiff’s land.

The length of the existing passage is 30 meters, the width is 1.3 meters, and the size is 1.6 meters high, and the width is 1 meters high, and the width is 1 meters high, if the non-party who is the person entitled to occupancy and use installs a pentle at the height of 1.6 meters.

C. The Plaintiff, while cultivating the Plaintiff’s land and 781 square meters of G river in Gyeongsan-si, shipped 2,792 (unit omitted) and 45,53,700 won from January 1, 2017 to December 31, 2017.

Attached Form

If the Plaintiff’s land opened a road with a width of 2.7 meters on the Defendant’s land and contributed to the construction of a road, such road area shall be 81 square meters in the part of the land B and 25 square meters in the part of the land C.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 7 through 11, Eul evidence Nos. 5, Gap evidence Nos. 4, 6, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, appraiser H's appraisal result, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion land is a franchisor and can not access the public road without passing through the surrounding land. In order to be used for the purpose of orchard, at least 2.7m wide so that agricultural machinery, such as one ton truck, can enter the field.

B. The distance between the Defendant’s assertion and the Defendant’s contribution is 30 meters.

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