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(영문) 의정부지방법원 2017.06.01 2015가단46423
주위통행권확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 5,600 square meters prior to Gyeonggi-gun D (hereinafter “instant land”), and the Defendant is the owner of 1,304 square meters prior to C. The Plaintiff is the owner of the instant land (hereinafter “instant land”).

B. The location and current status of the instant traffic site 1) The land category is connected to the instant traffic road, and is used as a dry field. A building design contract was concluded on April 2016 with a view to constructing a detached house with the second floor above the instant traffic site and the total floor area of 150.00 square meters, and the Defendant is currently preparing to obtain change of land form and quality and building permission. (ii) At the right-hand side of the instant traffic site, land is located E is located on the boundary of the instant traffic site; there is a panel building building in which the water tank tank is stored in the vicinity of the said boundary; and the specific location is also indicated in attached Table 1.

C. The location and current status of the instant land is located in the north dong direction of the instant land. The instant land is located in a relatively high zone along with the surrounding mountainous districts, and is surrounded by other land, so-called Mazine that makes it impossible to enter a road. 2) Between the instant land and the instant land, the ownership of the State is located on the passage route (hereinafter referred to as “the passage route”) indicated in the part on the part on which the instant land is indicated as the part on the part on the part on which the instant land is located, namely, F. 2,122 square meters, G, 5,754 square meters, Hanan hotel L&C site Co., Ltd. 92,826 square meters, I, and 4,562 square meters of forests and fields owned by the State, I, and 5,653 square meters of forests and fields owned by the State.

3) From the instant traffic site to the instant land, two small rivers and ditches exist. In particular, L river and K ditch parts are narrow and narrow slope, the width of which is urgent, and are scattered at a place, so it is not easy to pass through the Do road, and it is difficult to move the vehicle or the waterway.

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