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(영문) 수원지방법원 평택지원 2018.04.27 2017가단57675
주위토지통행권확인 등
Text

1. The defendant has each point of the attached Table 16, 3, 4, 5, 20, 19, 18, 17, and 16, among the land of 1,156 square meters prior to Pyeongtaek-si.

Reasons

1. Facts of recognition;

A. On August 24, 1995, the Plaintiff completed the registration of ownership transfer on September 11, 198 with respect to the land owned by Pyeongtaek-si D, 354 square meters (hereinafter “Plaintiff-owned land”) on the ground of inheritance by consultation and division, and completed the registration of ownership transfer on August 24, 1995 by constructing two houses of 11.76 square meters on the above land.

Around July 5, 1999, the Defendant completed the registration of ownership transfer based on sale on June 2, 1999 with respect to the land owned by the Plaintiff (hereinafter “Defendant-owned land”).

On the other hand, Pyeongtaek-si E large 776 square meters and F-road 245 square meters (hereinafter “G-owned land”) are owned by Nonparty G. G uses the said E land as a housing site, and is used as a passage leading to a contribution to the said F road. The land width of the said F road is between five meters and seven meters.

The cadastral status of the original, the defendant's ownership, and the neighboring land is as shown in the copy of the cadastral map, and the shortest distance from the land owned by the plaintiff to the end of the F-road owned by the plaintiff is about 20 meters.

B. The circumstances leading up to disputes between Won, the Defendant, and G have been passing through the method of having access to the road by using the remaining part of the land owned by the Plaintiff located in F. F. 245 square meters and the adjacent part of the land owned by the Plaintiff (F. North bordering part of the road).

Therefore, the Defendant, even though the Plaintiff was able to enter a public road with only 245 square meters of F-road, offered that the part of the land owned by the Defendant is used as a passage road. On June 2017, a fence was installed along the boundary line between the land owned by the Defendant and F-road. Accordingly, the Plaintiff was bound to pass through E land and F-road or pass through the remaining space.

On the other hand, when the plaintiff should use only G land (E land and F road) owned exclusively as a passage due to the above dispute between the plaintiff and the defendant, the owner is the owner.

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