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(영문) 춘천지방법원원주지원 2019.11.27 2018가단308978
주위토지통행권확인
Text

1. The defendant shall give the plaintiff each point of 5,8,4, and 5 of the attached reference, among the 146 square meters of the 146 square meters of Gangseo-gun C, Gangwon-do.

Reasons

1. Basic facts CH G

A. On November 15, 2005, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to the 3,980 square meters in the name of Gangseo-gun Dri (hereinafter “Dri”) prior to E (hereinafter “the Plaintiff’s land”). On August 14, 2013, the Defendant completed the registration of ownership transfer with respect to the 146 square meters in the name of the Defendant as to the 3,980 square meters in the name of the Plaintiff’s land.

B. The Plaintiff’s land is surrounded by the F river (hereinafter “F land”) and the Defendant’s land, etc., and there is no road directly connected to the neighboring public road. It is referred to as “the end of the bridge” in the attached Table Reference to the end of the F land and G road 46 square meters (hereinafter “instant bridge”). From the end of the bridge installed on the G 46 square meters of land and G 462 square meters of land, the part of the point of the said forest is indicated at the edge of the instant road (the side adjacent to the Plaintiff’s land).

(hereinafter referred to as "the present roads of this case") can be used for the purpose of contributing to the use of the present roads.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 2-1 through 4-4, the result of the verification by this court, the result of the appraiser I's appraisal conducted on June 13, 2019, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is from the end of the instant bridge, which is the point where the present situation of the instant land begins, to the Plaintiff’s land in the direction of H land in accordance with the present situation road, as the topographical features of the land located in the direction of the shortest distance from the end of the instant bridge to the instant land, and the Plaintiff is bound to proceed to the direction of H land in the direction of the instant land. In such a way, in order to enter the instant land into the instant situation, not only the F land and H land, but also the land other than the instant land and H land are connected in order to each point of 5,8,4, and 5, referring to the attached Form No. 5,6,7,8, and 5.

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