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(영문) 대구지방법원안동지원 2019.01.09 2017가단23202
주위토지통행권확인 등
Text

1. The Defendant, among the 765 square meters in Gyeongcheon-gun Czecheon-gun, shall each point of Attached Form 7, 8, 9, 10, 12, 13, 14, 15, and 7.

Reasons

Basic Facts

From December 198, the Plaintiff owned from around 1998, 367 square meters, 1,660 square meters prior to F, G field 2,542 square meters, and 509 square meters prior to H (hereinafter collectively referred to as the “instant farmland”), and kept farming houses in the instant farmland.

Attached Form

2. The passage road with the width of four meters indicated as “spond farm road” (hereinafter “instant passage”) indicated as “spond farm road” is the only passage for the purpose of moving from the farmland of this case to North Korea. A concrete package for the passage of this case was made in the Saemaul Self-help Cooperative Project (the method of supplying concrete materials from Dobong-gun and performing construction directly by residents) around 2006. The Plaintiff has continued to use the passage road of this case for the purpose of drawing farming houses from the farmland of this case.

The registration of transfer of ownership was completed on January 21, 1978 in accordance with the old Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 7500), which was received on March 26, 2008 by the Dobong District Court of Daegu as to the land which was marked as mix 765 square meters (in the attached Form 2, “the land before J” under the attached Form 2, and hereinafter “the instant site”).

Of the instant road sites, the part of (b) part of 74 square meters in the ship (hereinafter referred to as the “section (b) of this case”) connected each point of Annex 7, 8, 9, 10, 12, 13, 14, 15, and 7, among the instant road sites, belongs to the instant site.

From March 2016, the Defendant began to build a new house of light framed structure 97.46 square meters (hereinafter “instant house”) on the instant site from around March 2016, and completed the instant house around August 22, 2016.

On May 2, 2016 and May 19, 2016, the Defendant notified the Plaintiff that “The instant passage will be closed as of May 31, 2016, based on the ownership of the instant site.”

The defendant around March 2017, on the line that connects each point of Attached No. 12, 13, 14, 15, and 7 of the Map No. 1.

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