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(영문) 광주지방법원 2014.09.19 2013가단513016
주위토지 통행권 확인 청구소
Text

1. The Plaintiff shall be entitled to indicate the attached Form 1, 2, 3, and 4.

Reasons

1. Basic facts

A. A part of the area of Gwangjunam-gu 2,083 square meters was divided into 181 square meters on October 5, 1995 in accordance with the procedures for the acquisition of public land for the construction of a railroad hall, etc., and was combined into 814 square meters on March 7, 2002.

B. On June 7, 2013, the Plaintiff purchased CY 1,902 square meters remaining after being divided from E (hereinafter “Plaintiff-owned land”) and completed the registration of ownership transfer on July 1, 2013. The Defendant is the owner of Brailroad site 814 square meters (hereinafter “Defendant-owned land”).

C. Land owned by the Plaintiff is filled up by the land owned by the Defendant, F ditch, G owned by another person, or H without having access to a public road.

In particular, the land owned by the defendant and J ditch are continuously located between the land owned by the defendant and the land adjacent to the plaintiff's land and the 862 square meters adjacent thereto.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 6, Eul evidence No. 3 and video, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff alleged that the plaintiff's assertion is that since the land owned by the plaintiff is blind land, it is not possible to enter the land owned by the defendant for the new construction, use, or cultivate and use crops in accordance with the current status. The plaintiff argued that the defendant's access to the land owned by the defendant can not be permitted to enter the public road, such as the purport of the claim and prohibition of interference with passage

As to this, the defendant asserts that even if the plaintiff acquired the right to passage over surrounding land owned by the defendant as alleged, the plaintiff does not have the right to pass over the J ditch in order to reach a contribution on the land owned by the plaintiff, and therefore there is no interest to seek confirmation of the right to passage over surrounding land of this case against the defendant.

2. In order for the Plaintiff to reach a contribution by passing through the land owned by the Defendant to determine whether to set up a defense prior to the merits, J ditch also exists in addition to the land owned by the Defendant.

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