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(영문) 인천지방법원 2014.12.11 2013가단78272
주위토지통행권확인
Text

1. Of the land size of 72 square meters prior to Incheon Strengthening-gun, each of the following items are indicated in the attached Form 1, 2, 3, 4, 5, 15, 14, 13, 12, 10, 11, and 1.

Reasons

1. Facts of recognition;

A. On June 10, 2013, the Plaintiff acquired 3,372 square meters and 6,050 square meters for the purpose of creating a housing complex for electric source, and thereafter, acquired the said D land: ① 92 square meters prior to D, ② 237 square meters prior to F, ③ 196 square meters prior to G, ④ 1947 square meters prior to H, and sold each parcel of land to I on August 6, 2013.

(hereinafter referred to as “Plaintiff-owned land”) b. the remaining land except the land sold to I for convenience.

On September 7, 2006, the Defendant acquired a 896 square meters prior to the JJ of Incheon-gun, and divided it into JJ 286 square meters, K prior to K, 538 square meters, and 72 square meters prior to C, and constructed two-story detached houses on the above J’s land.

After that, between newly-built house and the above C land used as a road at the time (hereinafter “instant land”), trees, etc. were planted.

C. The instant land was used as a passage coming from a local road located outside the village to enter the village at a level of four meters wide along with the adjacent land adjacent to the Defendant prior to acquiring ownership.

In addition, the land of this case is the only passage to the land owned by the plaintiff (including the above land).

On July 19, 2013, the Plaintiff filed an application for permission to engage in the development activities on the above (i) parcel of land with an reinforcement military force under the name of I, without submitting a separate written consent, etc. to use the land in the process, and obtained permission on July 19, 2013, by recognizing the packaging roads on the instant land and other parcel of land adjacent thereto as the current status.

E. However, around August 3, 2013, around August 3, 2013, the Defendant, after walking part of cement packaging on the instant land, installed posts and prevented the Defendant from entering.

F. On August 13, 2013, the Plaintiff filed an application for permission to engage in development activities on the Plaintiff’s land with an reinforcement military force, but requested two times to submit a written consent to the use of land on the access road (referring to the instant land) part, and subsequently withdrawn the application.

G. The defendant.

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