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(영문) 춘천지방법원원주지원 2015.06.30 2014가단6694
주위토지통행권확인등
Text

1. The defendant C indicated in the attached Form 10, 11, 12, 13, 13, 5, 6, 7, 10 among the 525 square meters in Gangwon-gun Egale-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. Plaintiff A is an owner of 1/2 share of 495 square meters in Gangseo-gun G G-gun, Gangwon-do, and is an owner of a house above ground. Plaintiff A, the parent of Plaintiff A, and Plaintiff B live in this house.

B. Defendant C is an owner of a size of 525 square meters, which is the F. 525 square meters in Gangnam-gun, and is living together with Defendant D, who is the husband, in the housing of the same place I.

There is only J road owned by the Republic of Korea between the above F and I land, and the Defendants are using 104 square meters corresponding to the claim(d) of the annexed drawing Nos. 2 among this road as a housing site.

C. The Plaintiff’s side used a passenger car through approximately 108 square meters (two meters wide) falling under the main sentence (b) of the attached Form 1, which is the only length leading to the contribution of this route (hereinafter “instant passage”).

However, “Defendant D was sentenced to a fine of KRW 200,000,000,000,000 on November 5, 2014, for the following reasons: “Around May 2014, the Plaintiff B made stairs on the farm road in his/her own land, removed a farm road that passed through his/her own dry field by planting trees and turfs, cut down one meter in length on both sides of the instant road, connected to a hacks, locking with a hacks, and obstructed the traffic of Plaintiff B by planting four girs at the place of the instant road.”

(At present, while the appeal is pending). At present, the hacks, hacks, locks have been removed, the trees still exist, and the vehicles can pass by the passage of this case, but the above trees can pass by because the vehicles can pass by the passage of this case.

E. Meanwhile, when the Plaintiff filed an application for permission for development activities on or around April 2010 to build a new house on his/her own land, it is confirmed that part of the F land owned by the Defendant C is actually used for traffic, and the permission for development activities on April 29, 2010.

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