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(영문) 춘천지방법원 2015.12.02 2014가단34655
주위토지통행권
Text

1. The Defendants indicated in the attached Form No. 30, 31, 32, 33, 34, 35, 20, and 21 among the 16,198 square meters before the Gangwon-do Incheon-gun I.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with Gap evidence 1, 2, and 3, and evidence 4-1 and 4-2:

On July 23, 2008, the Plaintiffs completed the registration of ownership transfer with respect to 6,407 square meters (hereinafter “J land”) prior to JJ in Gangwon-gun, Gangwon-do.

B. On August 29, 1983, K completed the registration of ownership transfer with respect to the land of this case with respect to 16,198 square meters (hereinafter “instant land”).

C. K died on July 24, 1989.

The Defendants inherited the instant land as a common heir of the deceased K’s co-property, but did not complete the registration of transfer of ownership due to inheritance.

2. The assertion and judgment

A. The plaintiffs asserted that since J land owned by the plaintiffs was surrounded by other surrounding land and there was no way to contribute to the development of the land, the plaintiffs had passed through through the attached passage, which was established among the land in the dispute of this case owned by the defendants. However, they asserted that the defendants interfered with the passage of the plaintiffs by stockpiling stone and earth and sand on the land in this case.

As to this, the Defendants did not obstruct the passage of the Plaintiffs, and there was a ditch between J land and the land in the dispute of this case. The Defendants asserted that the Plaintiffs could not respond to the Plaintiffs’ claims, since it is sufficient for them to pass through after the said ditch was opened.

B. The following facts can be found based on the facts found as above and the facts as follows: Gap evidence, Eul evidence Nos. 5-1, 2, 2, 8, Eul evidence No. 3-1, 2, Eul evidence No. 5-1, video and the result of the on-site inspection conducted by this court and the result of the appraiser L's survey and appraisal conducted by this court, and the purport of the whole arguments as a whole.

(1) The instant disputing land is connected to a bridge leading to a meritorious deed, and is being a road connected to a bridge.

(2) The land in the instant dispute and J land.

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