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(영문) 창원지방법원진주지원 2017.12.12 2015가단33706
주위토지통행권확인
Text

1. Defendant C and D, each of whom was 616/1848, Defendant G, 168/1848, Defendant H and Defendant H, among the land of 4428 square meters in Gyeong-gun, Gyeong-gun, Busan-gun, Busan-do.

Reasons

1. Basic facts

A. Plaintiff A is an owner of 919 square meters (hereinafter “Plaintiff A”) prior to the N in Gyeong-gun, Chungcheongnam-gun, Busan-gun, and Plaintiff B is an owner of 2096 square meters (hereinafter “Plaintiff B”) in Gyeong-gun, Chungcheongnam-gun, Busan-gun.

B. Defendant E and F own 1/2 of each share of 1/2 of the forest land in Gyeongnam-gun, Busan-gun (hereinafter “instant M”)

The registration of ownership transfer is completed, as Defendant C, D, and net P share 1/3 of each of the shares. However, as the net P died on June 2, 1979, Defendant G, the heir of which was the heir, share 168/1848, Defendant H, Defendant H, Defendant I, Defendant J, and Defendant K share 112/1848, respectively.

C. There exists a river on the left side of the land in the Plaintiff B, and there are surrounding the right side of Qua land in the Gyeongnam-gun of Busan-gun, and the land in the Plaintiff A is also surrounded by land such as R and S.

There is U who is close to the land owned by the Plaintiffs and the Defendants, and there is an asphalt package connected to the above U.S. (hereinafter “the connection road of this case”), and the land of this case is wider than that of this case.

In order to reach the above U and the above connection roads, the plaintiffs passed through the Busan Gun V roads owned by the Republic of Korea, W roads abutting on the right side of the land of the instant M (hereinafter “instant W roads”) and X roads (hereinafter “the instant X roads”). The above X roads are cut off in the part adjoining the M land as non- packing roads.

[Ground of recognition] Defendant 2, 3, and 4: The absence of dispute; the entries in Gap evidence 1, 2, 5, and 6; Eul evidence 3; the result of the on-site verification by this court; the result of appraiser Y’s appraisal; the remaining Defendants: The confession (Article 150(3) of the Civil Procedure Act)

2. The assertion and judgment

A. 1) The plaintiffs' assertion juice 1) The plaintiffs are indicated with the annexed map 33 among the land of this case.

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